November 9, 2022
WhatsApp at work: can the company monitor it or is it an invasion of privacy?
How far does the right of the employee and the contractor go?
November 9, 2022
WhatsApp at work: can the company monitor it or is it an invasion of privacy?
How far does the right of the employee and the contractor go?
November 9, 2022
WhatsApp at work: can the company monitor it or is it an invasion of privacy?
How far does the right of the employee and the contractor go?
You can't live without WhatsApp. You stay online full time and don't even hesitate to check messages during working hours. Besides that, you're a user of the web version of the app because it makes typing and viewing notifications easier. You can believe it... this habit is not restricted to you.
However, using this resource for a personal account on a corporate computer is subject to monitoring. And what may be more surprising to some is that the company has the right to carry out this oversight.
When our clients contact us seeking to understand better how the Zapper tool works and the possible implications of monitoring among employees, there are frequent questions about the aspect of privacy of conversations and the General Data Protection Law - LGPD.
In technical terms, it is possible to monitor everything that appears on the corporate computer screen because the information is processed by software controlled by the company. What catches many people by surprise in this case is that the rules for using WhatsApp within the organization are not adequately clarified, causing conflicts between employer and employees.
Therefore, it is so important, since hiring, to inform employees of the rules of the game, such as the limits on the use of the platform and the possibility of monitoring.
The rule is clear: when using WhatsApp Web on corporate equipment, the employee indirectly authorizes access and oversight of shared content, without this being considered an invasion of privacy or a breach of correspondence confidentiality.
There is even a court decision from the TRT of the 12th Region that supports this determination. The court understood that:
“(...) does not offend the right to intimacy, nor does it violate the confidentiality of correspondence, the employer's access to the content of the messages exchanged by its employees on company computers during working hours, especially when workers are informed of this possibility.”
But the corporation's right ends there. It is worth noting that although monitoring is permitted, sharing conversations by the company with other individuals or legal entities is prohibited and violates the LGPD, leading to legal proceedings against those responsible and compensation for moral damages and repair of other damages resulting from this disclosure.
The same can apply to the use of corporate mobile phones. The reasoning is the same: equipment owned by the company. Therefore, common sense on the part of the employee is the best option to avoid embarrassment and even dismissal for just cause.
If you already have your own smartphone, it is ideal to use it for private conversations and not resort to the institution's devices. This behavior makes the relationship more professional, ensures your security, and prevents confidential company information from being transmitted.
Click here and schedule a demonstration to learn about our solutions.
You can't live without WhatsApp. You stay online full time and don't even hesitate to check messages during working hours. Besides that, you're a user of the web version of the app because it makes typing and viewing notifications easier. You can believe it... this habit is not restricted to you.
However, using this resource for a personal account on a corporate computer is subject to monitoring. And what may be more surprising to some is that the company has the right to carry out this oversight.
When our clients contact us seeking to understand better how the Zapper tool works and the possible implications of monitoring among employees, there are frequent questions about the aspect of privacy of conversations and the General Data Protection Law - LGPD.
In technical terms, it is possible to monitor everything that appears on the corporate computer screen because the information is processed by software controlled by the company. What catches many people by surprise in this case is that the rules for using WhatsApp within the organization are not adequately clarified, causing conflicts between employer and employees.
Therefore, it is so important, since hiring, to inform employees of the rules of the game, such as the limits on the use of the platform and the possibility of monitoring.
The rule is clear: when using WhatsApp Web on corporate equipment, the employee indirectly authorizes access and oversight of shared content, without this being considered an invasion of privacy or a breach of correspondence confidentiality.
There is even a court decision from the TRT of the 12th Region that supports this determination. The court understood that:
“(...) does not offend the right to intimacy, nor does it violate the confidentiality of correspondence, the employer's access to the content of the messages exchanged by its employees on company computers during working hours, especially when workers are informed of this possibility.”
But the corporation's right ends there. It is worth noting that although monitoring is permitted, sharing conversations by the company with other individuals or legal entities is prohibited and violates the LGPD, leading to legal proceedings against those responsible and compensation for moral damages and repair of other damages resulting from this disclosure.
The same can apply to the use of corporate mobile phones. The reasoning is the same: equipment owned by the company. Therefore, common sense on the part of the employee is the best option to avoid embarrassment and even dismissal for just cause.
If you already have your own smartphone, it is ideal to use it for private conversations and not resort to the institution's devices. This behavior makes the relationship more professional, ensures your security, and prevents confidential company information from being transmitted.
Click here and schedule a demonstration to learn about our solutions.
You can't live without WhatsApp. You stay online full time and don't even hesitate to check messages during working hours. Besides that, you're a user of the web version of the app because it makes typing and viewing notifications easier. You can believe it... this habit is not restricted to you.
However, using this resource for a personal account on a corporate computer is subject to monitoring. And what may be more surprising to some is that the company has the right to carry out this oversight.
When our clients contact us seeking to understand better how the Zapper tool works and the possible implications of monitoring among employees, there are frequent questions about the aspect of privacy of conversations and the General Data Protection Law - LGPD.
In technical terms, it is possible to monitor everything that appears on the corporate computer screen because the information is processed by software controlled by the company. What catches many people by surprise in this case is that the rules for using WhatsApp within the organization are not adequately clarified, causing conflicts between employer and employees.
Therefore, it is so important, since hiring, to inform employees of the rules of the game, such as the limits on the use of the platform and the possibility of monitoring.
The rule is clear: when using WhatsApp Web on corporate equipment, the employee indirectly authorizes access and oversight of shared content, without this being considered an invasion of privacy or a breach of correspondence confidentiality.
There is even a court decision from the TRT of the 12th Region that supports this determination. The court understood that:
“(...) does not offend the right to intimacy, nor does it violate the confidentiality of correspondence, the employer's access to the content of the messages exchanged by its employees on company computers during working hours, especially when workers are informed of this possibility.”
But the corporation's right ends there. It is worth noting that although monitoring is permitted, sharing conversations by the company with other individuals or legal entities is prohibited and violates the LGPD, leading to legal proceedings against those responsible and compensation for moral damages and repair of other damages resulting from this disclosure.
The same can apply to the use of corporate mobile phones. The reasoning is the same: equipment owned by the company. Therefore, common sense on the part of the employee is the best option to avoid embarrassment and even dismissal for just cause.
If you already have your own smartphone, it is ideal to use it for private conversations and not resort to the institution's devices. This behavior makes the relationship more professional, ensures your security, and prevents confidential company information from being transmitted.
Click here and schedule a demonstration to learn about our solutions.
You can't live without WhatsApp. You stay online full time and don't even hesitate to check messages during working hours. Besides that, you're a user of the web version of the app because it makes typing and viewing notifications easier. You can believe it... this habit is not restricted to you.
However, using this resource for a personal account on a corporate computer is subject to monitoring. And what may be more surprising to some is that the company has the right to carry out this oversight.
When our clients contact us seeking to understand better how the Zapper tool works and the possible implications of monitoring among employees, there are frequent questions about the aspect of privacy of conversations and the General Data Protection Law - LGPD.
In technical terms, it is possible to monitor everything that appears on the corporate computer screen because the information is processed by software controlled by the company. What catches many people by surprise in this case is that the rules for using WhatsApp within the organization are not adequately clarified, causing conflicts between employer and employees.
Therefore, it is so important, since hiring, to inform employees of the rules of the game, such as the limits on the use of the platform and the possibility of monitoring.
The rule is clear: when using WhatsApp Web on corporate equipment, the employee indirectly authorizes access and oversight of shared content, without this being considered an invasion of privacy or a breach of correspondence confidentiality.
There is even a court decision from the TRT of the 12th Region that supports this determination. The court understood that:
“(...) does not offend the right to intimacy, nor does it violate the confidentiality of correspondence, the employer's access to the content of the messages exchanged by its employees on company computers during working hours, especially when workers are informed of this possibility.”
But the corporation's right ends there. It is worth noting that although monitoring is permitted, sharing conversations by the company with other individuals or legal entities is prohibited and violates the LGPD, leading to legal proceedings against those responsible and compensation for moral damages and repair of other damages resulting from this disclosure.
The same can apply to the use of corporate mobile phones. The reasoning is the same: equipment owned by the company. Therefore, common sense on the part of the employee is the best option to avoid embarrassment and even dismissal for just cause.
If you already have your own smartphone, it is ideal to use it for private conversations and not resort to the institution's devices. This behavior makes the relationship more professional, ensures your security, and prevents confidential company information from being transmitted.
Click here and schedule a demonstration to learn about our solutions.
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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