In Short
- UK data protection laws apply to personal data shared on WhatsApp for business purposes.
- Using WhatsApp can increase the risk of data breaches, especially where staff use personal devices.
- Regulators expect clear policies, training and risk assessments before allowing WhatsApp use.
Tips for Businesses
If staff use WhatsApp for work, set clear rules on what can and cannot be shared. Avoid sharing personal or sensitive data on the platform where possible. Provide regular data protection training, require prompt reporting of incidents, and assess risks before approving WhatsApp or similar tools for business use.
WhatsApp is an extremely popular messaging service for both personal and business use, and employees often use it. It is important to be careful when sharing personal information on any external communication or messaging platform. Although messenger tools such as WhatsApp can help teams collaborate and discuss work, they can also pose risks to the company and personal confidential information. When employees share personal information on WhatsApp, data privacy risks arise, and data protection law is a critical consideration.
This article explores the UK’s data protection framework, the risks associated with using WhatsApp, and practical steps your organisation can take to protect personal data and reduce risk when using WhatsApp.
UK Data Protection Law Framework
UK data protection law sets out detailed rules on how your organisation must handle personal information and protect individual rights. You must follow strict rules as set out in the UK General Data Protection Regulation and the Data Protection Act 2018 if you:
- use personal information relating to individual customers;
- collect details of individual suppliers; or
- record candidate data during recruitment
The Data (Use and Access) Act 2025 updates parts of existing data protection laws with changes introduced in stages. Organisations need to:
- regularly review how they handle personal data;
- keep up with new requirements; and
- take practical steps to stay compliant.
Business Risks Linked to WhatsApp
Using WhatsApp can offer speed and convenience in business communications, but it also presents significant risks from a data protection perspective:
- Staff may share personal information via personal devices, forward client documents, or exchange sensitive details on a third platform that your organisation does not manage or control. This increases the likelihood of personal data breaches, particularly if messages containing personal information are shared without approval.
- WhatsApp users generally have the platform installed on personal devices; therefore, it may be harder for your organisation to retrieve or delete information. Data controllers are likely to lack control over the use of data, particularly regarding rules around data storage and retention.
- If an employee’s phone is lost, stolen or compromised, sensitive information shared in WhatsApp could be exposed, creating security challenges. Without business-level device management or remote wipe capabilities, organisations have limited means to recover or secure that data.
Lessons From Regulatory Findings
Findings by the UK’s data protection regulator regarding WhatsApp have highlighted the real-world risks to personal information. The ICO reprimanded a healthcare business after staff used WhatsApp to share patient information without authorisation.
Over a two-year period, staff uploaded personal data to a WhatsApp group more than 500 times. This included:
- names;
- phone numbers; and
- clinical images.
While WhatsApp was allowed for basic communication during the pandemic, it was not approved for sharing patient data. Staff chose to use it anyway and accidentally added someone who did not work for the organisation to the group, exposing confidential medical information.
The organisation reported the incident to the regulator, which found that it had not put proper policies, guidance, or risk checks in place. The regulator stressed the importance of:
- clear instructions for staff;
- regular training; and
- assessing risks before using tools like WhatsApp.
Practical Steps to Help You Reduce Risk
Where possible, you may consider using a company-controlled, secure business communication platform. In practice, it may not be realistic to ban tools like WhatsApp entirely, so it is important to put sensible safeguards in place to reduce the risks. Whilst risks around WhatsApp cannot be entirely eliminated, there are key steps organisations could implement to help reduce risks.
Key steps to consider include:
- Develop and enforce clear internal policies regarding the use of WhatsApp for business purposes, to help limit risk. This can include clear rules that forbid sharing personal data, such as data concerning your company’s clients.
- Encourage staff to report any risks or incidents involving personal data urgently so you can take appropriate steps.
- Provide regular data protection training so staff understand their responsibilities, including when using external third-party tools and systems.
- Before allowing WhatsApp or similar tools to be used with personal information, carry out a data protection impact assessment to identify the risks and how to reduce them.
These are some examples of sensible risk mitigation strategies, but using WhatsApp for business purposes still poses risks to personal information.
It could be helpful to seek tailored legal advice from a data protection solicitor to guide your business on using WhatsApp and other third-party tools, to help you design strong policies to prevent risk.
This factsheet outlines the steps for notifying the ICO and affected individuals about personal data breaches.
Key Takeaways
WhatsApp can help your business teams communicate quickly and easily, but you must use it with care. UK data protection laws are strict and do apply to personal data disclosed via WhatsApp.
ICO findings on WhatsApp misuse have emphasised the risks to personal information in this context. Therefore, it is important to take steps to protect personal information when WhatsApp is used for business purposes, such as implementing policies and training to warn staff not to share personal information on this platform.
If you need legal advice on compliance with data protection law rules and how to mitigate risks, LegalVision provides ongoing legal support for all businesses through our fixed-fee legal membership. Our experienced lawyers help businesses across industries manage contracts, employment law, disputes, intellectual property, and more, with unlimited access to specialist lawyers for a fixed monthly fee. To learn more about LegalVision’s legal membership, call 0808 196 8584 or visit our membership page.
Frequently Asked Questions
The UK GDPR is the key UK data protection law that sets out vital rules for protecting personal information. If you handle customer, employee, or supplier personal data, you must comply with its rules in full to avoid potential legal penalties and reputational damage.
You can help to better protect your organisation by implementing a tailored WhatsApp use policy. Your policy can set out important rules – such as rules preventing staff from sharing personal data on WhatsApp to help avoid the risk of personal data breaches occurring.
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