Recently we have published more reports about WhatsApp and the application of the GDPR when used in companies.
The question was repeatedly raised as to whether companies were allowed to have WhatsApp installed on their work cell phones or not. In it we primarily referred to the data protection concerns with regard to contact synchronization, and in part also left open the fact that companies must make the decision whether WhatsApp can continue to be used or not.
Of course, according to the GDPR, the synchronization of contact details is generally not permitted unless a number of measures and requirements of the GDPR are adhered to. BUT! And here we would like to thank you for a reader's submission, but there is a much more crucial point in WhatsApp's terms and conditions, which directly excludes the use of WhatsApp by companies on a non-private level!
Permitted Use of Our Services
Here we are happy to reproduce the wording of the reader's submission: According to the General Terms and Conditions (“General Terms and Conditions” or in English also known as “Terms of Service”) of WhatsApp Inc., the use of WhatsApp is not permitted for companies. This can be found directly in the General Terms and Conditions (“Terms of Service”) of WhatsApp Inc., which can be found at “ https://www.whatsapp.com ” under “Permitted use of our services” – paragraph “Legal and permitted use.”:
You will not use (or assist others in using) our Services in a manner that: [...] (f) involves non-personal use of our Services, unless authorized by us.
This means that WhatsApp cannot be used for business (non-private) purposes and its installation and use is prohibited for companies under license law! Non-private use also includes the use of company cell phones. An employee can, if the company policy allows it, use company devices for both business and private purposes, but in connection with license usage rights, especially when company contacts are uploaded from the cell phone address book to WhatsApp Inc. servers a separation between business and private purpose is no longer recognizable. Therefore, according to the terms and conditions of WhatsApp Inc., the installation and use of WhatsApp is definitely not permitted for company cell phones.
What's fascinating about this is that WhatsApp Inc. has hardly been interested in it so far, at least I (note: the author of the reader's submission) have not yet read of a single licensing lawsuit by WhatsApp Inc. against other companies. Either these lawsuits were held “secretly” or WhatsApp Inc. was actually not particularly interested in .
In the context of the GDPR, however, things get interesting, because it is not possible to enter into a processor agreement with WhatsApp Inc., nor to audit WhatsApp Inc. (WhatsApp Inc. would be a processor in relation to the WhatsApp users who are here would be data controllers) and if you then read through the terms and conditions, it becomes clear why: WhatsApp is not intended and approved for companies.
Many thanks to Martin for this submission!
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