Work WhatsApp group

Although instant messaging groups are often used in many companies, before starting to add workers to a group chat through this channel, companies must take some precautions.

According to the Spanish Data Protection Agency (AEPD), the mobile phone number is personal data:

• This number is associated with a name and surname, and therefore provides information about an identified person.

• Therefore, the fact that workers have provided their personal mobile number (for example, to contact them in case of emergency) does not mean that they have consented to be included in an instant messaging group.

For the company to use this number and include it in a corporate WhatsApp group, it must obtain the employee's consent. For this:

• It can deliver a notice to the staff indicating that it wants to create a WhatsApp group and including a box for each worker to sign and give their consent for their personal mobile phone to be added to that group.

• Any employee who has not voluntarily accepted it should be excluded.

In a recent resolution of the Spanish Data Protection Agency, a company was fined 70, 000 euros for including an employee in an instant messaging group with their personal phone number without obtaining their express consent. The AEPD considers that such inclusion is equivalent to sharing that personal data with third parties.

If employees use a company phone, they can be included in a WhatsApp group, as it is an enterprise tool. However, their right to disconnect must be respected at all times.