Questions and answers about WhatsApp in the skilled trades
Is it allowed to use WhatsApp in the craft business?
Yes, in principle you can use WhatsApp for communication in the company. However, you must ensure that the requirements of the GDPR are met and that you obtain the consent of your employees and customers.
What data does WhatsApp read?
WhatsApp reads a lot of information. This includes, among others:
- Name
- Birthday
- Profile picture
- Status
- IP address
- Phone number
- Information about the device used
- Location
Is WhatsApp Business compliant with the GDPR?
No. WhatsApp Business does enter into a commissioned processing agreement with you, but according to subject matter experts, this does not fully comply with the specifications of the GDPR.1
The good news: In principle, it is not forbidden to use WhatsApp professionally. However, you need to pay attention to a few things with regard to data protection!
WhatsApp reads this information
If you communicate via WhatsApp at work, the General Data Protection Regulation (DSGVO) applies. This serves to protect personal data and must be complied with at all costs. This is not so easy! Because WhatsApp reads out some sensitive (meta) data on its own. This includes, among other things:
- Name
- Birthday
- Profile picture
- Status
- IP address
- Phone number
- Information about the device used
- Location
However, the company behind WhatsApp ("Meta") does not know the contents of your messages. This is guaranteed by end-to-end encryption.
Attention: WhatsApp accesses your contacts even if you do not communicate with them via Messenger. This fact alone can be considered an infringement and prosecuted under Article 83(4) of the GDPR.3 The fine can be high, up to four percent of the annual turnover!4
Use WhatsApp in a DSGVO-compliant manner
If you do not want to do without WhatsApp in the trade, but at the same time want to comply with the DSGVO, you need a written declaration of consent from your clientele and your employees.
Note: Unfortunately, we cannot provide legal advice here. Please contact an expert lawyer with specific questions. They will also be happy to support you with templates for the consent form.
You don't want to worry about server locations and the DSGVO when you communicate with your workforce? Then switch to the Meisterwerk app!
WhatsApp alternatives: The better choice?
You don't want to use WhatsApp in your company? In the meantime, there are many alternatives. These are particularly well known:
- Telegram
- Facebook Messenger
- Signal
- WhatsApp Business
However, caution is advised with regard to data protection with all messengers. The servers are often not located in Germany and end-to-end encryption is not standard with all of them.
No matter which messenger you choose, you must always comply with the rules on data processing according to the GDPR.
For trade businesses, WhatsApp Business is a great way to stay connected with clientele. For example, there are options,
- Send standard texts,
- Run marketing campaigns through the application as well as
- to use the app as a customer service portal.
You can also set up a real company profile that is not linked to a person in your company. This is practical if, for example, the contact person changes.
Attention: DSGVO!
But here, too, caution is advised in terms of the GDPR! You also need written permission from your customers to use WhatsApp Business. This is because, as with the "standard" version, personal data is also read out. However, WhatsApp Business does one thing differently: it enters into an Job processing agreement.
Does the Job processing contract make a difference?
WhatsApp Business is a processor according to Art. 28 DSGVO and concludes a processing contract with you by your acceptance of the data processing conditions. However, is this really an advantage with regard to data protection requirements in Germany? Experts clearly say: No. Because this contract does not contain all the information on data processing that the GDPR requires.5
As sobering as the conclusion on the use of WhatsApp in the craft business may be: There is a data protection-compliant alternative that offers the same conveniences without causing you problems with the DSGVO: the Meisterwerk app.
With the Meisterwerk app, you and your staff can exchange messages, photos and files about jobs and projects in real-time. Completely without worrying about data protection! So you reduce queries and always know that your employees are up to date.
