The deadline may be short, 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 little peek at WhatsApp when hearing the app’s notification sound signaling the arrival of a message.

The notification can come from a personal contact or from the boss, so this "check" 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 becomes visible to the organization and, therefore, subject to monitoring by the manager. But can the company really monitor conversations that take place in the messenger? Well, this is a topic that involves many interpretations; however, 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 their own accounts and devices so that employees can communicate with the internal team, clients, and suppliers and deal exclusively with professional matters.

However, for practical reasons in day-to-day 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 commercial accounts, provided there is prior communication to employees about this practice. It is advisable, even, to have the employee sign a consent form that documents their acknowledgment of this conduct by the company.

What is prohibited, according to Article 10, Section 5 of the Federal Constitution, is the monitoring of personal conversations, as “the intimacy, private life, honor, and image of individuals are inviolable.”

But if the devices and WhatsApp belong to the employer and their use is not restricted to professional purposes, we have a deadlock! How to resolve?

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

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

• Location via GPS: to track external teams and logistics;

  
  

• Use of applications: 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 sites;

  

On corporate WhatsApp, it is possible to supervise:

• Compliance with working hours: verify if managers and employees work beyond regular hours to avoid labor issues;

  
  

• Disclosure of confidential company information without prior authorization – the General Data Protection Law provides for penalties for companies that disclose sensitive client, supplier, and employee data to third parties;

  
  

• Non-compliance with company policies – legal infractions, misconduct, inappropriate language use, harassment, bullying, promotion of psychological insecurity;

  
  

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

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, and can be utilized by all departments, with various benefits: identify areas for improvement in internal processes; verify the assertiveness level in employee discourse with clients and third parties; test service strategies; observe the performance of promotional campaigns; detect violations of corporate policies, among others.

The collected data meets the requirements of the LGPD, storing information in the cloud, especially sensitive data regarding identification. This way, the leakage of content and exposure of users is 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 aligns with the company in practicing compliance and managing interactions through corporate WhatsApp, reinforcing ethical commitment and responsibility for the safety of all messenger users.

The use of our technology combined with the transparency of our clients with all their contacts is what is revolutionizing communication and generating greater credibility in the market. Why not be part of this? Join the team of large national and international players who already rely on our solution. We are ready to assist you.

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