The deadline may be tight, the table may have a pile of work to do, the schedule may be packed with appointments, but there's no way around it... It’s almost impossible to avoid that quick look at WhatsApp when hearing the app’s sound signaling the arrival of a message.

The notification can come from a personal contact or the boss himself, so this "check-in" on the phone is not a crime. The problem arises when the user uses the corporate WhatsApp account for personal matters or uses the employer’s devices to communicate with third parties, unrelated to the company.

Then, what would be private comes under the organization’s radar and, therefore, is subject to the manager's monitoring. But can the company really monitor conversations occurring in the messenger? Well, this is a topic that involves many interpretations, but let’s  see  what the law says about it.

YES, WhatsApp can be monitored by the company

Before we delve into the jurisprudence of monitoring corporate WhatsApp, it is worth noting that a large part of companies provides employees with accounts and devices so that they can communicate with the internal team, clients, and suppliers and deal exclusively with professional matters.

However, for practical reasons in daily life, we end up using such devices and the corporation's WhatsApp for our own personal communication, and this generates discomfort for the company and the workers.

According to the law, companies can monitor their devices and business accounts, provided there is prior communication to employees about this practice. It is advisable, including, for the employee to sign a consent form that registers their awareness of this company's conduct.

What is prohibited, according to Article 10, of the 5th Incision of the Federal Constitution, is the monitoring of personal conversations, since "the intimacy, private life, honor, and image of individuals are inviolable".

But if the devices and the WhatsApp are owned by the employer and their use is not limited to professional purposes, we have an impasse! How to resolve it?

What is allowed and prohibited when monitoring devices and corporate WhatsApp?

Let’s start with physical devices, such as company cell phones, tablets, and laptops! Corporations can monitor various activities on the equipment to ensure security and productivity. This includes:

• GPS Location: for tracking external teams and logistics;

• Application Usage: verification of installed and used applications;

• Access to corporate data: control over emails, documents, and company files on the device;

• Browsing history: monitoring of accessed websites;

  

On the corporate WhatsApp, it is possible to supervise:

• Compliance with work hours: check if managers and employees are working beyond their hours to avoid labor issues;

• Disclosure of confidential company information without prior authorization – the General Data Protection Law provides sanctions to companies that disclose sensitive data of clients, suppliers, and employees to third parties;

• Violation of company policies – legal infractions, misconduct, improper use of language, harassment, bullying, promoting psychological insecurity;

• Track usage metrics – detect excessive app usage, quantity of messages received and sent.

Recent Case: Itaú and the Controversy of Productivity Monitoring

In September 2025, Itaú dismissed about one thousand employees in remote and hybrid work after analyzing digital productivity metrics (online time, clicks, and discrepancies between time records and system usage)¹. The episode generated criticism from unions and specialists regarding the lack of transparency in the criteria, absence of prior feedback, and risks of labor violations. The case illustrates how monitoring, when not conducted with clarity and proportionality, can generate legal liabilities and negatively impact the company’s reputation.

How to monitor WhatsApp and practice digital compliance?

An innovative solution in Latin America for monitoring and conversational intelligence has been designed so that companies can govern their communication through corporate WhatsApp, in compliance with current laws.

Zapper is a platform that monitors each WhatsApp account used by the organization, which can be utilized by all departments, with various benefits: identify points for improvement in internal processes; check the accuracy level of employee communication with clients and third parties; test service strategies; observe the performance of promotional campaigns; detect violations of corporate policies, among others.

The collected data meet the LGPD requirements, storing information in the cloud, especially sensitive data regarding identification. This way, content leakage and user exposure are avoided. Access is restricted to the manager, promoting greater security.

Also read: LGPD and WhatsApp: What You Need to Know

Zapper is a resource that partners with the company in practicing compliance and managing interactions through corporate WhatsApp, reinforcing the ethical commitment and responsibility for the safety of all messenger users.

Final Reflection: the balance between technology and rights

The Itaú case highlighted that digital monitoring can have severe consequences if poorly applied. Supervision tools are essential to ensure safety and productivity, but they should always be accompanied by clear policies, transparency, and dialogue.

Companies that adopt solutions like Zapper, ethically and in compliance with the law, can balance technology and individual rights, reducing risks related to image, compliance, and labor issues.

Sources

1: G1 - Dismissals at Itaú: can workers be monitored in home office? What is the limit? See what the law says