WhatsApp Record Keeping Best Practices for Compliance
WhatsApp record keeping, WhatsApp archiving and WhatsApp compliance are very hot topics in the business world, especially for those in regulated industries such as financial services. This is because the use of WhatsApp and WhatsApp for business communications has been rising exponentially but it is considered an ‘off-channel’ communications tool which is not covered by traditional business archiving software.
This growth has been attributed to a boom in technological capabilities coupled with Covid-19 lockdowns which saw an erosion between work and personal life and a general breakdown of traditional nine-to- five work hours in an office.
Clients have come to expect easy, instant communications on their chosen devices and messaging apps - and WhatsApp is the messaging app of choice for billions of people all over the globe.
This is having a huge impact on how we conduct business every day with almost a whopping 70% of professionals reportedly using WhatsApp and similar apps daily for work.
But surely this is a good thing? WhatsApp is fast, convenient, affordable and easy to use – it is everything clients want for personal and on-the-go communications. In fact, it can be a great way to boost revenue and client relationships. This is all true and whilst WhatsApp and similar messaging apps are loved by clients, using them can cause managerial and compliance challenges for businesses. Luckily, there are tools like ClientWindow on hand to solve these challenges and benefit businesses.
Understanding the Importance of WhatsApp Record Keeping
In order to understand why WhatsApp record keeping and WhatsApp archiving for compliance is so important, it is best to look at it from the point of view of what happens when you do not retain WhatsApp records. There are several risks to consider:
- Lack of Monitoring and Surveillance
The use of unmonitored or encrypted communication apps like WhatsApp makes it harder for firms to effectively monitor communications. Without effective recording and monitoring controls, there is a real risk of loss of monitoring and surveillance capability, and the absence of protection through loss of evidence to resolve disputes.
- Heightened Risks from Misconduct
When used privately, independently and ultimately without any professional oversight, it creates a greater risk of not only lowering professional standards but also of misconduct and disinformation.
- Record-Keeping Failures
The lack of functionality and control over the communications on personal devices and with apps like WhatsApp which uses end- to-end encryption, means recording keeping requirements are often not met and firms fall foul of their compliance regulations.
- Loss of opportunities
Keeping up to date with client communications is important for maintaining high standards of service and good client relationships. Using WhatsApp and similar messaging apps is great for strong client communications, however, as these messages are usually sent and received on personal devices it is very easy for client messages to be siloed on a single phone. This can lead to lost and forgotten messages, especially if that team member happens to be on holiday or has left the organisation.
Therefore, without appropriate WhatsApp record keeping and WhatsApp record retention, businesses can easily find themselves at risk both from a legal and managerial standpoint.
Legal Compliance and WhatsApp Record Retention Requirements
WhatsApp record keeping helps ensure legal compliance alongside the proper retention of all communications data. By understanding the regulatory requirements, implementing effective policies, and using the right technological solutions, businesses can mitigate risks and maintain compliance. This not only protects the business but also builds trust with clients and regulatory bodies.
The regulations your business must adhere to will depend largely on where it operates and what sector you are in. Organisations operating in financial services and legal spheres will certainly have specific compliance requirements which we will also look at.
However, almost all businesses, and especially those operating within the EU or with EU based businesses and consumers, will need to review the General Data Protection Regulation (GDPR). This requires businesses to protect personal data and maintain records of processing activities.
Similarly, all businesses will need to manage who has access to WhatsApp communications and ensure that records are not tampered with.
A first step for all businesses to effectively manage WhatsApp communications, archiving and record keeping is to develop a comprehensive communications strategy.
Strategy elements could include:
- Policy Development: Create clear policies outlining how WhatsApp should be used for business communications. Include guidelines on what types of messages need to be retained and for how long.
- Training and Awareness: Educate employees about the importance of compliance and the specific requirements related to WhatsApp usage. Make employees accountable for following compliance policies and report any issues or breaches promptly.
- Technology Solutions: Invest in compliance and WhatsApp archiving solutions that can automatically capture and store WhatsApp messages. Ensure these solutions are secure and meet regulatory standards.
- Use Business Accounts: Encourage the use of WhatsApp Business accounts to separate personal and professional communications.
- Regular Updates: Keep compliance policies and technology solutions up to date with the latest regulations and industry standards.
- Regular Audits: Where relevant, such as for bookkeepers and accountants, conduct regular audits to ensure compliance with retention policies and identify any gaps or areas for improvement.
WhatsApp Record Keeping for Regulated Industries
WhatsApp record keeping and WhatsApp archiving becomes even more important for businesses in regulated industries.
For example, businesses within the financial services sector will have to be keenly aware of several regulatory bodies and their related compliance regulations when it comes to WhatsApp communications. Prominent organisations for this sector include the Financial Conduct Authority in the UK, the European Securities and Markets Authority (ESMA) covering Europe and the EU and the US Securities and Exchange Commission (SEC).
A selection of their most relevant regulations for WhatsApp compliance includes the FCA Handbook and MiFID in Europe. These can have incredibly stringent rules when it comes to how financial services organisations communicate their services, promotions, products, reports and all general client communications.
This includes everything from wording to font size. Furthermore, to prove they have followed the guidelines there needs to be oversight and transparency and, most importantly, a record of all communications. These records also need to be retained securely for a set period of time depending on what they are – many for several years.
Download our guide to the latest WhatsApp compliance for more information on specific regulations.
How ClientWindow Assists with WhatsApp Record Keeping
WhatsApp archiving and records retention can seem a daunting task but innovative tools like ClientWindow are here to help. We understand the task of balancing affordable, convenient communications with clients on WhatsApp with the stringent legal requirements relating to communications.
Completely unobtrusive, ClientWindow allows private clients to use their own WhatsApp account unchanged, whilst businesses and their teams can receive these messages via email and other platforms such as Teams or Slack. They can even reply in email, and it will be delivered as a WhatsApp message to the client, including attachments.
ClientWindow offers full WhatsApp message archiving capability through its integration with email archiving solutions such as Mimecast, allowing organisations to easily retrieve messages when required. It also provides full conversation search and conversation export capabilities. This helps regulated organisations centralise and retain client records, whilst ensuring those businesses can present the conversation histories when required elsewhere, such as for legal cases.
This means, businesses can enjoy the best tools for client communications without compromising on management and service standards, all whilst meeting their WhatsApp and communications data retention and compliance requirements.
Frequently Asked Questions
WhatsApp’s end-to-end encryption is great for ensuring the privacy of your communications data. However, the very nature of having encrypted data means that using WhatsApp alone is unlikely to meet regulatory requirements that focus on transparency and retention of data for future use or e-discovery.
WhatsApp’s compliance with GDPR is a bit complex. While WhatsApp has made efforts to align with GDPR requirements, the responsibility for compliance largely falls on the users, especially businesses. WhatsApp’s terms of service actually pass the liability for GDPR compliance to the users. This means businesses must be very careful to understand their liability and responsibilities before using the app.
.jpg)
.png)
WhatsApp record keeping, WhatsApp archiving and WhatsApp compliance are very hot topics in the business world, especially for those in regulated industries such as financial services. This is because the use of WhatsApp and WhatsApp for business communications has been rising exponentially but it is considered an ‘off-channel’ communications tool which is not covered by traditional business archiving software.
This growth has been attributed to a boom in technological capabilities coupled with Covid-19 lockdowns which saw an erosion between work and personal life and a general breakdown of traditional nine-to- five work hours in an office.
Clients have come to expect easy, instant communications on their chosen devices and messaging apps - and WhatsApp is the messaging app of choice for billions of people all over the globe.
This is having a huge impact on how we conduct business every day with almost a whopping 70% of professionals reportedly using WhatsApp and similar apps daily for work.
But surely this is a good thing? WhatsApp is fast, convenient, affordable and easy to use – it is everything clients want for personal and on-the-go communications. In fact, it can be a great way to boost revenue and client relationships. This is all true and whilst WhatsApp and similar messaging apps are loved by clients, using them can cause managerial and compliance challenges for businesses. Luckily, there are tools like ClientWindow on hand to solve these challenges and benefit businesses.
Understanding the Importance of WhatsApp Record Keeping
In order to understand why WhatsApp record keeping and WhatsApp archiving for compliance is so important, it is best to look at it from the point of view of what happens when you do not retain WhatsApp records. There are several risks to consider:
- Lack of Monitoring and Surveillance
The use of unmonitored or encrypted communication apps like WhatsApp makes it harder for firms to effectively monitor communications. Without effective recording and monitoring controls, there is a real risk of loss of monitoring and surveillance capability, and the absence of protection through loss of evidence to resolve disputes.
- Heightened Risks from Misconduct
When used privately, independently and ultimately without any professional oversight, it creates a greater risk of not only lowering professional standards but also of misconduct and disinformation.
- Record-Keeping Failures
The lack of functionality and control over the communications on personal devices and with apps like WhatsApp which uses end- to-end encryption, means recording keeping requirements are often not met and firms fall foul of their compliance regulations.
- Loss of opportunities
Keeping up to date with client communications is important for maintaining high standards of service and good client relationships. Using WhatsApp and similar messaging apps is great for strong client communications, however, as these messages are usually sent and received on personal devices it is very easy for client messages to be siloed on a single phone. This can lead to lost and forgotten messages, especially if that team member happens to be on holiday or has left the organisation.
Therefore, without appropriate WhatsApp record keeping and WhatsApp record retention, businesses can easily find themselves at risk both from a legal and managerial standpoint.
Legal Compliance and WhatsApp Record Retention Requirements
WhatsApp record keeping helps ensure legal compliance alongside the proper retention of all communications data. By understanding the regulatory requirements, implementing effective policies, and using the right technological solutions, businesses can mitigate risks and maintain compliance. This not only protects the business but also builds trust with clients and regulatory bodies.
The regulations your business must adhere to will depend largely on where it operates and what sector you are in. Organisations operating in financial services and legal spheres will certainly have specific compliance requirements which we will also look at.
However, almost all businesses, and especially those operating within the EU or with EU based businesses and consumers, will need to review the General Data Protection Regulation (GDPR). This requires businesses to protect personal data and maintain records of processing activities.
Similarly, all businesses will need to manage who has access to WhatsApp communications and ensure that records are not tampered with.
A first step for all businesses to effectively manage WhatsApp communications, archiving and record keeping is to develop a comprehensive communications strategy.
Strategy elements could include:
- Policy Development: Create clear policies outlining how WhatsApp should be used for business communications. Include guidelines on what types of messages need to be retained and for how long.
- Training and Awareness: Educate employees about the importance of compliance and the specific requirements related to WhatsApp usage. Make employees accountable for following compliance policies and report any issues or breaches promptly.
- Technology Solutions: Invest in compliance and WhatsApp archiving solutions that can automatically capture and store WhatsApp messages. Ensure these solutions are secure and meet regulatory standards.
- Use Business Accounts: Encourage the use of WhatsApp Business accounts to separate personal and professional communications.
- Regular Updates: Keep compliance policies and technology solutions up to date with the latest regulations and industry standards.
- Regular Audits: Where relevant, such as for bookkeepers and accountants, conduct regular audits to ensure compliance with retention policies and identify any gaps or areas for improvement.
WhatsApp Record Keeping for Regulated Industries
WhatsApp record keeping and WhatsApp archiving becomes even more important for businesses in regulated industries.
For example, businesses within the financial services sector will have to be keenly aware of several regulatory bodies and their related compliance regulations when it comes to WhatsApp communications. Prominent organisations for this sector include the Financial Conduct Authority in the UK, the European Securities and Markets Authority (ESMA) covering Europe and the EU and the US Securities and Exchange Commission (SEC).
A selection of their most relevant regulations for WhatsApp compliance includes the FCA Handbook and MiFID in Europe. These can have incredibly stringent rules when it comes to how financial services organisations communicate their services, promotions, products, reports and all general client communications.
This includes everything from wording to font size. Furthermore, to prove they have followed the guidelines there needs to be oversight and transparency and, most importantly, a record of all communications. These records also need to be retained securely for a set period of time depending on what they are – many for several years.
Download our guide to the latest WhatsApp compliance for more information on specific regulations.
How ClientWindow Assists with WhatsApp Record Keeping
WhatsApp archiving and records retention can seem a daunting task but innovative tools like ClientWindow are here to help. We understand the task of balancing affordable, convenient communications with clients on WhatsApp with the stringent legal requirements relating to communications.
Completely unobtrusive, ClientWindow allows private clients to use their own WhatsApp account unchanged, whilst businesses and their teams can receive these messages via email and other platforms such as Teams or Slack. They can even reply in email, and it will be delivered as a WhatsApp message to the client, including attachments.
ClientWindow offers full WhatsApp message archiving capability through its integration with email archiving solutions such as Mimecast, allowing organisations to easily retrieve messages when required. It also provides full conversation search and conversation export capabilities. This helps regulated organisations centralise and retain client records, whilst ensuring those businesses can present the conversation histories when required elsewhere, such as for legal cases.
This means, businesses can enjoy the best tools for client communications without compromising on management and service standards, all whilst meeting their WhatsApp and communications data retention and compliance requirements.
