Quickly clarifying the last details before the project submission – already 11 pm? Never mind, WhatsApp is quick. This or something similar is probably what goes through the minds of some managers when it comes to WhatsApp use at work. The popular app is also used in many companies for normal communication at less ungodly times. But how much is okay – and what does the GDPR actually say about it?
Around 44 million people use the messenger service in Germany, and with 28 million downloads, WhatsApp is one of the most popular apps in the Google Play Store. However, there is no empirical evidence for this, but it is a perceived truth: in many companies, WhatsApp is the absolute standard communication tool alongside email and phone calls – even if Teams, Slack & Co. actually exist. This is often due in no small part to superiors who like to have things clarified via WhatsApp in the very short official channels.
Is WhatsApp use at work GDPR compliant?
When it comes to apps and data, not even three sentences go by before the GDPR comes into play. The General Data Protection Regulation protects the data of companies and employees alike – this also includes bureaucratic restrictions, some of which at first glance appear to contribute to data protection.
It doesn’t take a great deal of mental effort to quickly become sceptical when it comes to the exchange of business information via the private WhatsApp accounts of two company employees or managers. That can’t really be GDPR-compliant, can it?
Let’s make a long story short: it isn’t – at least as far as we can tell, of course our research is no substitute for legal advice:
- Data access by WhatsApp: The meta company’s tool accesses the entire address book of the (private!) user and stores data on its servers – this alone violates the GDPR without the express consent of the data subject.
- Insufficient encryption and control: Although WhatsApp is encrypted, as a private user you have no control over how and where WhatsApp stores and processes the data.
- Lack of data protection agreement: In the case of business communication, an order processing agreement is theoretically required, which WhatsApp does not offer for private users.
- Risk to personal data: Business communications often contain personal data of customers or employees, the disclosure of which is not permitted without consent or appropriate security measures.
By the way: Of course, this only applies to the business use of private WhatsApp accounts – WhatsApp Business, which is used by more than 200 million companies, is ultimately designed for communicating with your customers.
Ban WhatsApp use in everyday working life, save 20 million euros
So should you as an employer take action and prevent your employees from using WhatsApp for business communication? Or is this an issue being cooked hotter than it will be eaten in the end?
If you don’t want to risk hefty fines of up to 20 million, the answer to this question is a resounding yes – in addition to the integrity of your data, your reputation is quickly at stake if there are mishaps or someone gets wind that his or her data is being happily exchanged via inadequately encrypted WhatsApp channels.
The other side: What if WhatsApp becomes a perceived obligation?
However, we also know that in practice, many people don’t care and their colleagues or bosses still like to get in touch via WhatsApp. In some companies, it even seems compulsory to be a member of ‘Team Sales – KSK Bottrop’, ‘KANBAN-Projekt DW AG’ or ‘dbx meets Theke’.
Is the WhatsApp group compulsory at work?
WhatsApp groups like this are normal for many – but for others, it’s a channel they would love to do without in order to keep their private and professional lives separate. But how binding is it all?
As an employer, you can instruct employees to communicate via certain channels, but not via private apps such as WhatsApp. Other communication and collaboration tools are better here, for example:
- Slack
- Asana
- Microsoft Teams
- Jira and Confluence
- Patch panel
Job coach Ina Reinsch also came to this conclusion – she was contacted by a woman who no longer wanted to use WhatsApp but was forced to do so by her manager. One thing is clear: there is no obligation to use WhatsApp groups at work – if in doubt, GDPR-compliant alternatives such as Teams or Slack are more suitable anyway.
Can my boss write to me on WhatsApp when I’m on holiday or in my free time?
After work means after work – this is particularly important for Gen Z. Although 82 per cent consider their job to be important, they also want a good work-life balance. WhatsApp messages at 11 pm or on holiday? Not welcome – and also legally unjustified.
Of course, employers are allowed to send one message after another outside of working hours, but their employees are not obliged to reply immediately (or at all). So if you want to enjoy your free time or the beach and don’t want to reply, you can safely leave your mobile phone off or in the hotel. After all, there are fixed working hours and agreements. And if you’re switching off on holiday, you don’t have to plan to be available on WhatsApp – as a boss, you’ll have to wait until Monday for better or worse.
Conclusion: WhatsApp can help you too
So what’s the bottom line – banning WhatsApp use at work? Doesn’t work? Yes and no: If employees use their private WhatsApp accounts to discuss business matters or their boss writes at 11 pm on a Saturday evening and demands a reply, this is certainly not conducive.
However, the messaging app itself is a great tool for companies due to its broad acceptance – either as a service channel to their customers via WhatsApp Business or as a recruiting channel. For example, the WhatsApp application function is also integrated into applicant management with rexx systems.
This allows you to take advantage of the positive aspects of WhatsApp in everyday working life: employees don’t have to worry about how to justify their non-use, holidays remain carefree holidays – and as an employer you don’t risk paying a 20 million euro fine. A win-win situation, right?
