July, a month traditionally marked by winter sales and partial judicial recess, has become a period of heightened attention for small and medium-sized Brazilian companies. By intensifying digital marketing campaigns and lead generation strategies, these organizations also expose themselves to increasing risks of legal sanctions and reputational losses. The warning is ofEdgard Dolatalawyer and data privacy specialist, guest lecturer in executive education programs.
"Even smaller businesses are in the ANPD's sights. In July, with the increase in digital campaigns, the exposure to legal and reputational risk also grows. Ignoring the LGPD not only puts the company at risk of sanctions but also compromises its image in the market," says Dolata.
According to a report released in June by the National Data Protection Authority (ANPD), there was a 37% increase in complaints regarding the violation of the right to data deletion in the first half of 2025. Article 18 of the LGPD guarantees data subjects the right to request the deletion of their data, and failure to comply may result in investigations, fines, and damage to reputation.
Among the most common violations are the improper use of email marketing, sending to contact lists purchased without consent, lack of privacy policies, and failures in respecting the rights of data subjects. "It is common for companies, in the enthusiasm of sales, to adopt aggressive strategies without a legal basis — such as sending promotional emails without authorization — which is illegal," he explains.
Another point of attention involves legal advertising on social media. With the growth of lawyer profiles on platforms like Instagram, LinkedIn, and TikTok, many contents exceed the limits established by the OAB Code of Ethics. Digital authority in advocacy must respect the limits of professional ethics. In July, with increased engagement on social media, the OAB's scrutiny of irregular practices also intensifies. Legal content cannot be treated as advertising, it warns.
Since the inauguration of the new ANPD board in March 2025, inspections have intensified especially on micro and small businesses in the e-commerce, education, and legal services sectors. At the same time, the number of complaints made directly by consumers also increased, who now have simplified channels to report violations.
To reduce risks,DolataIt is recommended that companies structure their marketing actions based on legal foundations and invest in informative content, without invasive promotional appeals. "Being compliant with LGPD is not just about avoiding fines. It is about building a trusting relationship with the customer, demonstrating responsibility and respect for the data they entrust to your brand," concludes the expert.
