According to research conducted by RD Station and reported by the press, 70% of Brazilian companies used WhatsApp in marketing strategies during the year 2024, signaling a 10% increase compared to the 2023 study. According to the study, sales teams point to the application as the most efficient tool for contacting leads, surpassing in-person visits and phone calls.

Present in 99% of active smartphones in the national territory (Statista data), it is to be expected that millions of messages circulate daily via WhatsApp, both among company members and the general population, requiring security strategies and governance of conversations by organizations.

Also read: How WhatsApp data reveals insights into consumer behavior

For the lawyer specializing in Business Law and Data Protection, Dr. Flávia Cristina dos Santos Jorge (OAB/ MG 158.010), monitoring interactions via corporate WhatsApp is a way to minimize the risk of leakage of sensitive data and to detect fraud, illicit acts, and violations of company policies; however, this supervision still raises many doubts among managers and professionals, especially regarding the right to privacy.

What does the law say about monitoring corporate WhatsApp?

"The opening of emails, access to websites, and phone calls have always been supervised by organizations for security reasons and to control employee productivity. With the popularization of WhatsApp, there arose a need to monitor conversations occurring on the platform," explains the lawyer.

The specialist further states that since this is a relatively new practice in the market, there is still no regulation in Brazil regarding WhatsApp monitoring; however, there is favorable jurisprudence for companies concerning the supervision of emails and chats occurring on devices and corporate accounts.

Also read: Legal monitoring of corporate WhatsApp

To understand what confidentiality means in telecommunications, it is necessary to consult the legislation, specifically the terms of art. 5, item X of the Federal Constitution of 1988. According to the text, intimacy, private life, honor, and image of individuals are inviolable, ensuring the right to compensation for material or moral damage resulting from their violation. The law, in this case, refers to the private information of the individual.

However, when discussing issues pertinent to the corporate environment, the Civil Code, art. 932, item III states that they are responsible for civil reparations, "... the employer or principal, for their employees, servants, and agents, in the exercise of the work that they carry out, or by reason of it."

"We can conclude then that according to the law, monitoring messages related to the company does not infringe art. 5 of the Constitution; that is, monitoring messages in corporate accounts and on the organization's devices cannot be classified as an invasion of intimacy, nor as a violation of the confidentiality of the employee's correspondence," asserts Dr. Flávia.

"In order to safeguard against potential responsibilities arising from the misuse of company resources by the user, the employer may use monitoring of interactions in accounts and devices provided by them, as these are considered tools for work," adds the specialist.

Also read: Monitoring WhatsApp messages without invading privacy

The interpretation coincides with the decision of the 3rd Group of TRT-9, which established as lawful evidence the monitoring of messages via Skype, computers, providers, and electronic addresses owned by the company, since these resources are intended exclusively for the performance of the contracted service.

"The monitoring aims to protect business interests, manage work processes, and prevent legal risks. For this practice to be in compliance, the employee must be informed clearly and formally about the company's policy. Whether through a knowledge term, internal rule, or employment contract, it is essential to specify the devices and channels to be monitored and under what conditions this occurs," clarifies the lawyer.

Monitoring and LGPD

Another precaution that organizations should keep in focus, in addition to monitoring WhatsApp, is the treatment of sensitive data transmitted on the platform. The General Data Protection Law stipulates that companies must be responsible for the security of information obtained from their clients and third parties and must also guarantee total confidentiality regarding this content.

In Brazil, there is already a solution addressing these challenges of corporate digital communication: the governance of information and secure data storage.

The Rio de Janeiro startup Zapper created the first platform in Latin America that monitors interactions occurring on corporate WhatsApp through artificial intelligence and also stores all content in cloud, with restricted access, for an indefinite period.

Using conversational intelligence and machine learning resources, Zapper signals the occurrence of suspicious conversations that indicate possible fraud, infractions, and deviations from conduct. This enables managers to take immediate action, if necessary, preserving the entire content of dialogues as well as files of any nature.

Also read: Corporate WhatsApp monitoring to increase security and efficiency

With over 100 clients, including multinational companies, Zapper competed in 2024 for the Sebrae Startups Award, ranking among the top five startups in the "Defense and Cybersecurity" category.

Led by Frederico Groth and Gabriel Almeida, the company expects to grow 300% in 2025, surpassing the 2024 target, which was already 200%. "As Brazilian organizations become aware of the need and importance of controlling their digital communication, both inside and outside the corporate environment, there will be more room to expand and enhance Zapper's functionalities. We are working to meet this need," comments Frederico.

Click here to schedule a demonstration of the tool.