CIVIL LIABILITY OF DIGITAL INFLUENCERS IN THE PROMOTION OF ONLINE GAMBLING: CHALLENGES AND IMPLICATIONS FOR CONSUMER LAW AND THE PROTECTION OF PERSONAL DATA

Abstract

This article focuses on the civil liability of digital influencers who promote online gambling on their social media networks, highlighting the dangers consumers face due to the actions of certain influencers in the vast realm of the internet, and how these actions affect relationships with their clients and the protection of their personal information. The analysis also centers on the vast growth of online gambling in Brazil, partly through the use of digital influencers who advertise online gambling sites, where their reputation and proximity to the public also serve to promote consumer behavior in a rapidly growing market, susceptible to information and without restrictions. In this context, the following research problem arises: to what extent can digital influencers be held civilly liable for promoting online gambling, especially when there is omission of relevant information, potentially misleading advertising, and possible violation of consumer rights and the protection of personal data? Furthermore, it is questioned whether such agents can be considered part of the consumer chain, in light of the Consumer Protection Code and the General Data Protection Law, even considering the regulatory gaps existing in the Brazilian legal system. The objective of this work is to investigate the civil liability of such influencers who advocate online gambling based on the fact that they are liable under the Consumer Protection Code, the General Data Protection Law, and related principles, such as civil liability. The reality is that, although there is a regulation governing online gambling in Brazil, many gaps and potential consequences exist. The research is based on national doctrine and legislation, decisions of the Superior Court of Justice, and documents from national or international consumer and health protection agencies.