Do you know what digital assets are and how to protect them?

In today’s fashion industry, a brand’s true value goes far beyond garments and collections. Its digital assets — including social media accounts, domain names, images, online stores, contracts, NFTs, and client databases — represent the core of its identity and reputation.

Digital assets are protected under Brazilian law through the Internet Civil Framework (Law No. 12.965/2014), the General Data Protection Law (LGPD – Law No. 13.709/2018), and the Civil Code (Law No. 10.406/2002).

When creative works such as photographs, digital lookbooks, and design sketches are involved, the Copyright Law (Law No. 9.610/1998) also applies, ensuring the author’s moral and patrimonial rights.

In the fashion ecosystem, digital identity is brand equity. Disputes over Instagram accounts, campaign imagery, or marketing data have become increasingly common — especially between former partners, agencies, and influencers. Without clear contracts and ownership definitions, a brand risks losing its digital presence overnight.

A Fashion Law legal team ensures your brand’s digital assets are properly managed by:

• Defining ownership of digital platforms and data;

• Drafting image and content usage contracts;

• Structuring digital succession plans;

• Ensuring full compliance with Brazil’s LGPD and privacy laws.

Recent decisions from the São Paulo Court of Justice (TJSP) have confirmed that the legal owner of a business account is the entity that proves commercial use and authorship — not necessarily the individual managing it. This reinforces the need for a strong legal framework to protect the brand’s online presence.

In the fashion world, digital assets are more than files — they are the intangible reflection of a brand’s essence. Protecting them legally means safeguarding creativity, reputation, and the future of your business.