November 9, 2023
What does the law say about monitoring messages via corporate WhatsApp?
The use of the application in the communication of companies must comply with certain criteria.
November 9, 2023
What does the law say about monitoring messages via corporate WhatsApp?
The use of the application in the communication of companies must comply with certain criteria.
November 9, 2023
What does the law say about monitoring messages via corporate WhatsApp?
The use of the application in the communication of companies must comply with certain criteria.
OK, at work the use of WhatsApp was approved to expedite communication with clients, suppliers, and business partners. Employees received a specific number to speak on behalf of the company, and now it is easier to negotiate, send and receive documents, and obtain information quickly.
But is providing a corporate number to employees sufficient when it comes to officializing a company's communication? The answer is NO! It is necessary, in addition to providing training on best practices for sending messages, to supervise the flow of information exchanged on the platform, in order to avoid problems ranging from labor lawsuits to million-dollar fines for data breaches.
Around the world, various corporations have faced retaliation from government agencies and consumers for failing to ensure confidentiality and privacy regarding sensitive client information, demanding from the market and justice a reflection on monitoring conversations via WhatsApp, whether on mobile or corporate computers.
In Brazil, there is still no regulation regarding this supervision, but there is favorable case law for companies concerning the oversight of emails and chats that occur on their devices.
What does the legislation say about this practice?
Monitoring specific work-related dialogues is currently a common practice in organizations that prioritize compliance. This practice has become part of the information security policies of companies and has been highly valued in cases of Due Diligence, in Mergers and Acquisitions.
Even so, the topic “conversation monitoring” is still a taboo. Monitoring personal conversations is prohibited, as stated in Article 10 of the 5th Clause of the Federal Constitution, which determines that “the intimacy, private life, honor, and image of individuals are inviolable.” Furthermore, the handling of information must comply with the General Data Protection Law (LGPD).
On the other hand, in the case of verifying misuse, even of private social networks, with violations of any contractual clause or any duty attached to the contract — such as fidelity or non-competition —, the worker may be punished, and the process must be conducted in secrecy.
Experts point out that tracking only constitutes an invasion of privacy in two situations: when the employee is not informed about the company's unrestricted access to the content of the device used by them and, in the second instance, when the verification occurs on the equipment and personal network of the employee.
Five tips for implementing WhatsApp monitoring
The supervision of conversations via corporate WhatsApp cannot happen randomly or abruptly. Care must be taken when implementing this strategy, in order to protect the organization without overstepping the rights and limits concerning the professional. We have listed five fundamental tips in this process:
First of all, formalize a clear internal policy regarding the use of the messaging application in the company;
Inform employees about the monitoring practice. It is advisable to create a consent form, where the employee affirms being aware of the practice;
The use of devices and the WhatsApp number provided by the company should be restricted to professional message exchanges. Personal conversations should be prohibited on these channels;
Provide training for the appropriate use of corporate WhatsApp. Indicate the proper language for professional contacts and discourage message exchanges outside of working hours;
The company should commit to monitoring only dialogues that occur within its domains and any information collected must be stored with maximum security, avoiding the exposure of those involved.
Zapper works in message governance
To address the issue of monitoring the company's official communication, within the rigor of the law, Zapper was created, a platform for exclusive use by organizations, with two main objectives: to prevent confidential data from being disclosed through corporate channels; and also to monitor compliance with company policies among the team and with clients and partners.
The tool has the capacity to monitor conversations occurring on business numbers and identify, through pre-registered words, messages containing misconduct, breaches of rules, inappropriate language, harassment of any kind, among others.
Conversations deemed suspicious are captured and a notification is sent to the manager, who will analyze the context of the message and take the appropriate actions. The content will be stored in the cloud, to ensure the privacy of those involved, and the analysis of the contacts made may result in qualitative reports that will contribute to the creation of strategies within the company.
In this way, the corporation acts to protect its employees and the audiences it interacts with, ensuring communication in accordance with best practices and gaining market credibility.
Click here and elevate the security of your communication to another level!
OK, at work the use of WhatsApp was approved to expedite communication with clients, suppliers, and business partners. Employees received a specific number to speak on behalf of the company, and now it is easier to negotiate, send and receive documents, and obtain information quickly.
But is providing a corporate number to employees sufficient when it comes to officializing a company's communication? The answer is NO! It is necessary, in addition to providing training on best practices for sending messages, to supervise the flow of information exchanged on the platform, in order to avoid problems ranging from labor lawsuits to million-dollar fines for data breaches.
Around the world, various corporations have faced retaliation from government agencies and consumers for failing to ensure confidentiality and privacy regarding sensitive client information, demanding from the market and justice a reflection on monitoring conversations via WhatsApp, whether on mobile or corporate computers.
In Brazil, there is still no regulation regarding this supervision, but there is favorable case law for companies concerning the oversight of emails and chats that occur on their devices.
What does the legislation say about this practice?
Monitoring specific work-related dialogues is currently a common practice in organizations that prioritize compliance. This practice has become part of the information security policies of companies and has been highly valued in cases of Due Diligence, in Mergers and Acquisitions.
Even so, the topic “conversation monitoring” is still a taboo. Monitoring personal conversations is prohibited, as stated in Article 10 of the 5th Clause of the Federal Constitution, which determines that “the intimacy, private life, honor, and image of individuals are inviolable.” Furthermore, the handling of information must comply with the General Data Protection Law (LGPD).
On the other hand, in the case of verifying misuse, even of private social networks, with violations of any contractual clause or any duty attached to the contract — such as fidelity or non-competition —, the worker may be punished, and the process must be conducted in secrecy.
Experts point out that tracking only constitutes an invasion of privacy in two situations: when the employee is not informed about the company's unrestricted access to the content of the device used by them and, in the second instance, when the verification occurs on the equipment and personal network of the employee.
Five tips for implementing WhatsApp monitoring
The supervision of conversations via corporate WhatsApp cannot happen randomly or abruptly. Care must be taken when implementing this strategy, in order to protect the organization without overstepping the rights and limits concerning the professional. We have listed five fundamental tips in this process:
First of all, formalize a clear internal policy regarding the use of the messaging application in the company;
Inform employees about the monitoring practice. It is advisable to create a consent form, where the employee affirms being aware of the practice;
The use of devices and the WhatsApp number provided by the company should be restricted to professional message exchanges. Personal conversations should be prohibited on these channels;
Provide training for the appropriate use of corporate WhatsApp. Indicate the proper language for professional contacts and discourage message exchanges outside of working hours;
The company should commit to monitoring only dialogues that occur within its domains and any information collected must be stored with maximum security, avoiding the exposure of those involved.
Zapper works in message governance
To address the issue of monitoring the company's official communication, within the rigor of the law, Zapper was created, a platform for exclusive use by organizations, with two main objectives: to prevent confidential data from being disclosed through corporate channels; and also to monitor compliance with company policies among the team and with clients and partners.
The tool has the capacity to monitor conversations occurring on business numbers and identify, through pre-registered words, messages containing misconduct, breaches of rules, inappropriate language, harassment of any kind, among others.
Conversations deemed suspicious are captured and a notification is sent to the manager, who will analyze the context of the message and take the appropriate actions. The content will be stored in the cloud, to ensure the privacy of those involved, and the analysis of the contacts made may result in qualitative reports that will contribute to the creation of strategies within the company.
In this way, the corporation acts to protect its employees and the audiences it interacts with, ensuring communication in accordance with best practices and gaining market credibility.
Click here and elevate the security of your communication to another level!
OK, at work the use of WhatsApp was approved to expedite communication with clients, suppliers, and business partners. Employees received a specific number to speak on behalf of the company, and now it is easier to negotiate, send and receive documents, and obtain information quickly.
But is providing a corporate number to employees sufficient when it comes to officializing a company's communication? The answer is NO! It is necessary, in addition to providing training on best practices for sending messages, to supervise the flow of information exchanged on the platform, in order to avoid problems ranging from labor lawsuits to million-dollar fines for data breaches.
Around the world, various corporations have faced retaliation from government agencies and consumers for failing to ensure confidentiality and privacy regarding sensitive client information, demanding from the market and justice a reflection on monitoring conversations via WhatsApp, whether on mobile or corporate computers.
In Brazil, there is still no regulation regarding this supervision, but there is favorable case law for companies concerning the oversight of emails and chats that occur on their devices.
What does the legislation say about this practice?
Monitoring specific work-related dialogues is currently a common practice in organizations that prioritize compliance. This practice has become part of the information security policies of companies and has been highly valued in cases of Due Diligence, in Mergers and Acquisitions.
Even so, the topic “conversation monitoring” is still a taboo. Monitoring personal conversations is prohibited, as stated in Article 10 of the 5th Clause of the Federal Constitution, which determines that “the intimacy, private life, honor, and image of individuals are inviolable.” Furthermore, the handling of information must comply with the General Data Protection Law (LGPD).
On the other hand, in the case of verifying misuse, even of private social networks, with violations of any contractual clause or any duty attached to the contract — such as fidelity or non-competition —, the worker may be punished, and the process must be conducted in secrecy.
Experts point out that tracking only constitutes an invasion of privacy in two situations: when the employee is not informed about the company's unrestricted access to the content of the device used by them and, in the second instance, when the verification occurs on the equipment and personal network of the employee.
Five tips for implementing WhatsApp monitoring
The supervision of conversations via corporate WhatsApp cannot happen randomly or abruptly. Care must be taken when implementing this strategy, in order to protect the organization without overstepping the rights and limits concerning the professional. We have listed five fundamental tips in this process:
First of all, formalize a clear internal policy regarding the use of the messaging application in the company;
Inform employees about the monitoring practice. It is advisable to create a consent form, where the employee affirms being aware of the practice;
The use of devices and the WhatsApp number provided by the company should be restricted to professional message exchanges. Personal conversations should be prohibited on these channels;
Provide training for the appropriate use of corporate WhatsApp. Indicate the proper language for professional contacts and discourage message exchanges outside of working hours;
The company should commit to monitoring only dialogues that occur within its domains and any information collected must be stored with maximum security, avoiding the exposure of those involved.
Zapper works in message governance
To address the issue of monitoring the company's official communication, within the rigor of the law, Zapper was created, a platform for exclusive use by organizations, with two main objectives: to prevent confidential data from being disclosed through corporate channels; and also to monitor compliance with company policies among the team and with clients and partners.
The tool has the capacity to monitor conversations occurring on business numbers and identify, through pre-registered words, messages containing misconduct, breaches of rules, inappropriate language, harassment of any kind, among others.
Conversations deemed suspicious are captured and a notification is sent to the manager, who will analyze the context of the message and take the appropriate actions. The content will be stored in the cloud, to ensure the privacy of those involved, and the analysis of the contacts made may result in qualitative reports that will contribute to the creation of strategies within the company.
In this way, the corporation acts to protect its employees and the audiences it interacts with, ensuring communication in accordance with best practices and gaining market credibility.
Click here and elevate the security of your communication to another level!
OK, at work the use of WhatsApp was approved to expedite communication with clients, suppliers, and business partners. Employees received a specific number to speak on behalf of the company, and now it is easier to negotiate, send and receive documents, and obtain information quickly.
But is providing a corporate number to employees sufficient when it comes to officializing a company's communication? The answer is NO! It is necessary, in addition to providing training on best practices for sending messages, to supervise the flow of information exchanged on the platform, in order to avoid problems ranging from labor lawsuits to million-dollar fines for data breaches.
Around the world, various corporations have faced retaliation from government agencies and consumers for failing to ensure confidentiality and privacy regarding sensitive client information, demanding from the market and justice a reflection on monitoring conversations via WhatsApp, whether on mobile or corporate computers.
In Brazil, there is still no regulation regarding this supervision, but there is favorable case law for companies concerning the oversight of emails and chats that occur on their devices.
What does the legislation say about this practice?
Monitoring specific work-related dialogues is currently a common practice in organizations that prioritize compliance. This practice has become part of the information security policies of companies and has been highly valued in cases of Due Diligence, in Mergers and Acquisitions.
Even so, the topic “conversation monitoring” is still a taboo. Monitoring personal conversations is prohibited, as stated in Article 10 of the 5th Clause of the Federal Constitution, which determines that “the intimacy, private life, honor, and image of individuals are inviolable.” Furthermore, the handling of information must comply with the General Data Protection Law (LGPD).
On the other hand, in the case of verifying misuse, even of private social networks, with violations of any contractual clause or any duty attached to the contract — such as fidelity or non-competition —, the worker may be punished, and the process must be conducted in secrecy.
Experts point out that tracking only constitutes an invasion of privacy in two situations: when the employee is not informed about the company's unrestricted access to the content of the device used by them and, in the second instance, when the verification occurs on the equipment and personal network of the employee.
Five tips for implementing WhatsApp monitoring
The supervision of conversations via corporate WhatsApp cannot happen randomly or abruptly. Care must be taken when implementing this strategy, in order to protect the organization without overstepping the rights and limits concerning the professional. We have listed five fundamental tips in this process:
First of all, formalize a clear internal policy regarding the use of the messaging application in the company;
Inform employees about the monitoring practice. It is advisable to create a consent form, where the employee affirms being aware of the practice;
The use of devices and the WhatsApp number provided by the company should be restricted to professional message exchanges. Personal conversations should be prohibited on these channels;
Provide training for the appropriate use of corporate WhatsApp. Indicate the proper language for professional contacts and discourage message exchanges outside of working hours;
The company should commit to monitoring only dialogues that occur within its domains and any information collected must be stored with maximum security, avoiding the exposure of those involved.
Zapper works in message governance
To address the issue of monitoring the company's official communication, within the rigor of the law, Zapper was created, a platform for exclusive use by organizations, with two main objectives: to prevent confidential data from being disclosed through corporate channels; and also to monitor compliance with company policies among the team and with clients and partners.
The tool has the capacity to monitor conversations occurring on business numbers and identify, through pre-registered words, messages containing misconduct, breaches of rules, inappropriate language, harassment of any kind, among others.
Conversations deemed suspicious are captured and a notification is sent to the manager, who will analyze the context of the message and take the appropriate actions. The content will be stored in the cloud, to ensure the privacy of those involved, and the analysis of the contacts made may result in qualitative reports that will contribute to the creation of strategies within the company.
In this way, the corporation acts to protect its employees and the audiences it interacts with, ensuring communication in accordance with best practices and gaining market credibility.
Click here and elevate the security of your communication to another level!
Claudia Campanhã
Journalist, broadcaster, and postgraduate in social media from FAAP
Claudia Campanhã
Journalist, broadcaster, and postgraduate in social media from FAAP
Claudia Campanhã
Journalist, broadcaster, and postgraduate in social media from FAAP
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