In Brazil hiring digital influencers by companies may create personalized connection between the brand and its customers, but also presents legal challenges, including potential reputational risks to the business.
We highlight 4 points of attention that need to be observed considering this new type hiring in Brazil:
1. Exclusivity. Fixing some exclusivity is essential. Not only in relation to other brands, but also types of company, products or services, ensuring that there will be no harm to the contracting party due to being indirectly related to products that are not only competitors, but that have a business with principles and public contrary to theirs.
2. Disclosure Format. The influencer needs to have a clear understanding of how the brand should be used and promoted on their social networks, thus preventing exposure from being less than what was contracted and also from being related to an event or subject that is not of interest to the contracting company. Here it is also possible to define prior obligations for approval of the agenda and content of what will be posted.
3. Reputational Damage. Establishing limits is one of the most sensitive points for these contracts, with the influencer being clearly held responsible for cases in which their conduct, whether directly or indirectly linked to the publication, affects the company’s reputation.
4. Possibility of Termination with Just Cause. Thinking about ways out in cases where there is a characterization of some type of improper conduct by the influencer is extremely important, mitigating risks of reputational damage, including express provision on losses and damages to be paid by the influencer.
A contract with objective rules not only clearly defines the expectations, responsibilities and benefits for the relationship, but also legally protects Brazilian an foreign companies in the event of any unforeseen circumstances, ensuring the success of the partnership by promoting a more transparent, efficient and professional collaboration and, also, strengthening the company’s reputation in the market and demonstrating its commitment to responsible and impactful marketing strategies and partnerships for its target audience.
