The digital influencer market has definitively entered the Brazilian regulatory agenda.

The recent enactment of Law No. 15,325/2026, which recognizes the multimedia profession, combined with the processing of PL No. 5,990/2025, which proposes specific rules for technical content in sensitive areas, indicates a clear movement toward professionalization of the sector.

Law No. 15,325/2026 did not create a specific tax nor did it institute a professional council, nor did it impose a general diploma requirement. Its impact is structural: the activity now has formal legal recognition, removing it from the field of informality and reinforcing the need for contractual organization and predictability in economic relations involving content creators.

This formal recognition brings relevant practical effects, especially from the perspective of Copyright Law. The clear definition of ownership over produced content, the limits on the assignment or licensing of property rights, authorization for reuse on multiple platforms, and future economic exploitation become central points in contractual structuring. The absence of specific provisions can generate significant conflicts, especially in high-reach or long-term campaigns.

Parallel to this, PL No. 5,990/2025, still in process, proposes a requirement of technical qualification for influencers who work in subjects considered sensitive, such as health and finance, in addition to reinforced transparency rules and possible administrative sanctions. If approved, the project could impact not only creators, but also brands and agencies, which will have greater responsibility in choosing influencers and validating content with a prescriptive nature.

In this context, the professionalization of the sector amplifies the importance of proper legal management of the intangible assets involved in digital campaigns. The use of soundtracks, images, audiovisual clips, and other protected works must be regularly licensed. The contractual structure needs to accurately reflect the limits of use of image, voice, and content, as well as provide for liability mechanisms compatible with the regulatory risk of the niche in which one operates.

The current scenario points to a gradual and segmented advancement of regulation. Law No. 15,325/2026 plays a structuring role by formally recognizing the multimedia profession, while PL No. 5,990/2025 signals a possible regulatory deepening in areas of greater impact on the consumer. This movement tends to value professionals who operate in an organized, legally structured, and contractually protected manner.

We recommend that creators, agencies, and brands review their contracts, internal policies, and compliance practices in influencer marketing, especially in campaigns involving sensitive topics or high public exposure.

Our team remains available to provide support regarding doubts and to assess regulatory risks associated with digital campaigns.

AUTHOR

• Mariana Figueiredo
• Ana Mancuso