WhatsApp and data protection in the company: GDPR risks and secure alternatives
- WhatsApp can pose a data privacy risk in a corporate context.
- Only the WhatsApp Business Platform (API) can be used in compliance with the GDPR under strict conditions.
- For many companies, specialized, privacy-friendly messenger alternatives are the more pragmatic approach.
- If you still wish to use WhatsApp, you should establish clear rules and consult with a data privacy expert regarding the implementation.
How are WhatsApp and data privacy related?
WhatsApp is a free instant messaging service that connects around three billion people worldwide. Since 2014, WhatsApp has been part of the Meta group. What happens in the background is particularly relevant for companies with regard to data privacy.
Using WhatsApp generates large amounts of data. The service requires a phone number, and photos, addresses, and other sensitive information are exchanged in conversations and chats. When WhatsApp is used in a professional context, companies must ensure GDPR-compliant processing of personal data.
WhatsApp in the company: What does the GDPR say?
Under Art. 4 GDPR , companies are responsible for all personal data processed within their operations.
This applies to data in internal company, secure IT structures just as they do in messengers that employees use for business. However, companies encounter several problems when it comes to WhatsApp.
Automatic contact synchronization
When launched, WhatsApp automatically synchronizes the entire address book and uploads all saved contacts to Meta servers.
⚠️ Why is this dangerous?
This process also includes data from individuals who do not use WhatsApp and have not consented to the sharing of their data. The affected individuals have no way to object to this data collection.
Metadata and profiling
In addition to message content, WhatsApp collects so-called metadata:
- Phone number
- Type and frequency of usage
- Date of registration and last WhatsApp usage
- Device information
- Country code and network code
- Billing information for long-term registered users
- Profile pictures
- Frequently used features
WhatsApp location tracking also captures a user's WhatsApp location.
⚠️ Why is this dangerous?
While the content of messages and calls is protected by end-to-end encryption, this does not apply to metadata. This metadata is used to create detailed usage profiles that can theoretically be processed across the entire Meta group.
WhatsApp justifies this by citing protection against spam, fake accounts, and misinformation, relying on what is known as a legitimate interest under the GDPR. Data protection authorities view this critically: In 2021, the Irish Data Protection Commission imposed a 225 million euro fine on WhatsApp because users were not sufficiently informed about this data sharing.
Third-country transfer to the USA
Undelivered messages are cached on US servers and are only deleted after 30 days. Metadata is also transferred to the USA by default.
Furthermore, cloud backups of WhatsApp content via Google Drive or iCloud are often unencrypted – the end-to-end encryption of the messages themselves does not apply there.
⚠️ Why is this dangerous?
The GDPR only permits such transfers if an adequate level of data protection is guaranteed in the recipient country. Although the 2023 EU-US Data Privacy Framework provides a mechanism for this, it is still being closely monitoredby data protection authorities and courts.
Meta AI in WhatsApp
Since late 2023, Meta has been integrating AI assistants into its platforms.
⚠️ Why is this dangerous?
While WhatsApp assures users that its AI does not have access to personal message content, data protection experts criticize the lack of transparency regarding what data may be stored or processed when using the AI.
Instead of worrying about how to use messaging services safely, ask an expert what the GDPR allows and what it doesn't. An external data protection officer (DPO) is there for you when you need them.
Why are messenger services so sensitive in a corporate context?
Services like WhatsApp are often part of shadow IT within companies. These IT systems and applications are used outside of official corporate IT and often without the knowledge of the IT administration. However, IT management can only account for the apps it is informed about.
If messengers fall through the cracks because they are used for work on private devices (BYOD), security gaps and data protection deficits can arise unnoticed by IT. This is problematic for companies because they bear the legal responsibility for data protection – even if only individual employees or teams use WhatsApp for customer communication.
Data leaks as warning signs
In 2025, researchers from Vienna managed to access data from 3.5 billion WhatsApp accounts without hindrance. For companies that use WhatsApp, this is a clear signal to take their own risk assessment seriously and consider alternatives to WhatsApp.
How can WhatsApp and data protection be combined securely?
There are different versions of WhatsApp, which must be viewed differently from a GDPR perspective.
Private WhatsApp app: Not suitable for business use
Since it is not possible to conclude a data processing agreement (DPA) via the private app, which the GDPR requires for the use of external service providers, there is no legal basis for any business use.
WhatsApp Business App: Better, but not sufficient
The WhatsApp Business App offers corporate features such as a profile, automated responses, and catalogs. However, it does not solve fundamental data protection issues such as contact synchronization, metadata processing, and third-country transfers.
WhatsApp Business Platform (API): The only acceptable version
The WhatsApp Business Platform is technically and legally demanding – and the only version that can enable GDPR-compliant use.
The key factor here:
- The platform must not be operated directly via Meta, but rather through certified Business Solution Providers (BSPs). Choosing European BSPs with EU-based servers significantly reduces the risk associated with third-country data transfers.
- A data processing agreement (DPA) must be signed with the BSP.
- If you intend to use the solution for customer communication, you must obtain explicit consent (opt-in) from the individuals you contact.
- Data subjects must be transparently informed about data processing in the privacy policy.
- Employees must be trained, a deletion policy must be established, and internal guidelines for the use of WhatsApp must be documented.
GDPR-compliant alternatives for corporate communication
For many companies, the effort required to operate WhatsApp in a legally compliant manner is disproportionately high. Privacy-compliant messenger alternatives offer a more practical solution.
They should offer end-to-end encryption and use servers located in Europe. Secure, eavesdrop-proof calls should be just as possible as the secure sending of media files. Ideally, the company behind the service should not be a data-hungry corporation like Meta.
The following three alternatives have become well-established in the corporate sector:
- Threema is a WhatsApp alternative from Switzerland. Messages are exchanged anonymously. Threema Work is specifically designed for businesses.
- Signal is a data-minimalist messenger that uses the "zero-knowledge principle" to ensure that the operators have no access to user data.
- Teamwire is a German WhatsApp alternative specifically designed to meet the security and data protection needs of government agencies, institutions, and organizations.
Conclusion: Coordinate WhatsApp and data protection with professionals
WhatsApp is designed for private use, not for business operations. The private app is not an option due to data protection regulations. The Business App does not solve all core problems either, and companies must invest significant organizational effort to use the Business Platform in a legally compliant manner.
For most companies, the pragmatic approach is the right one: switch to a data-compliant messenger that was developed from the ground up for professional use. Or work with a data protection expert to find an individually tailored and GDPR-compliant communication solution.
Still have questions? We have the answers.
WhatsApp collects contact information, metadata (communication partners, timestamps, frequency), location and device data, as well as your entire address book. This also includes data from individuals who do not use WhatsApp themselves. This data is stored on servers in the United States.
Yes. WhatsApp shares user data across the Meta group. This metadata is used to build detailed usage profiles, which the company can then leverage for purposes such as advertising.
The WhatsApp Business app is only partially GDPR-compliant. For corporate use, only the WhatsApp Business Platform (API) is suitable. However, certain conditions must be met for this: the platform must be operated via a European Business Solution Provider (BSP).
The private app is strictly prohibited for business communication. The business platform may be used only under strict conditions. For most SMEs, data-compliant alternatives are the simpler and more secure choice.
Signal, Threema Work, Wire for Business, and Element (Matrix) meet essential data protection requirements. For companies within the Microsoft ecosystem, Teams is an obvious choice.
Do you have further questions on this topic? Our experts will be happy to advise you free of charge.
