Somewhere, you will be using WhatsApp for work What is the issue? It's encrypted. It is safe. It is not just compliance where the issue lies; it could be a governance breach. 12 banks were hit with fines totalling £1.5 BILLION last year. And that was just for poor record keeping. Personal communications are more difficult to monitor. There might be market information and insider trading We all delete messages from time to time. If that contained information subject to a compulsory retention period then that is a potential criminal act! "Data protection principles and information security principles apply to any business in any industry. The risk is that if you mix private and business data, you can have uncontrolled storage and publication of confidential information. Hence, the misuse of popular messaging services for business communication affects any company.” - Frank Schemmel, Dataguard. So, what are you going to do about the issue? Ban it? Will it work? But can you enforce it? Does it put you at a competitive DISADVANTAGE? The worst thing you can do? IGNORE IT. ❇❇❇❇❇❇❇❇❇❇❇❇❇❇❇❇❇❇❇❇ Philip Milne, #fractionalexecutive focused on maximising Information Value Where are you now? Frustrated by your Reporting, Struggling to be Data-Driven, or worried the AI revolution will leave you behind? Start with your Information Strategy; it aligns your systems, data and technology with your business processes, goals and KPIs. 🚀Efficiency, productivity, data-driven, AI-ready Go to my profile, ring my 🔔, follow me, or connect to see more. Join one of my regular webinars DM me if you have any questions or want advice. #fractional COO/CIO/CDO, Mentor or Board Advisor specialising in Information and Data Value, Systems and the Data Quality Culture. Intelidat Ltd #dataquality #informationstrategy #datadriven #strategy #productivity

Can Whatsapp Messages be used as evidence in an Employment Tribunal? In the recent case of FKY v RVT & Others, the High Court ruled that messages obtained by the Employer from a work computer after the Employee had been dismissed would ordinarily have had a reasonable expectation of privacy in terms of their content, and in this situation, couldn't be relied upon in evidence. In some cases, messages exchanged on work computers may be considered as electronic evidence. These are potentially admissible in an Employment Tribunal if they are relevant to the case and meet the required legal standards for evidence. However, there are certain considerations to be aware of:- Data Protection and Privacy - The use of personal messaging applications like WhatsApp on a work computer may raise privacy and data protection concerns. Employers must ensure that they are complying with applicable data protection laws when accessing and using such information. Consent - The legality of accessing and using WhatsApp messages may depend on whether the individuals involved in the conversation have given explicit consent, or if it is justified based on legitimate grounds. Ownership and Control - Employers should also consider whether they have the right to access and use messages on work computers, taking into account any relevant policies or agreements in place. Relevance and Authenticity - For the evidence to be considered, it must be relevant to the issues in the case and proven to be authentic. This is a legal minefield and advice should be sought at the earliest opportunity. If you need help and advice, please call me on 0115 822 4847 or email roscoe@centurionlegal.co.uk #employmenttribunal #HR #legaladvice #smallbusiness

I’m having a rubbish day at work – can I vent over WhatsApp with my colleagues? In August 2023, there was a very interesting case of the Madras High Court, where the Court held that an employee expressing an opinion on a private digital communication platform – WhatsApp – was not misconduct as per the employer’s employment policies. In this case, the Madras High Court ruled in favor of the employee, stating that employees possess the fundamental right to express their opinions within private WhatsApp groups and the concerned private messages shared by the employee on the group chat were not a violation of the employer’s social media guidelines. In an interesting parallel to a tea breakout (I’d have used coffee!), the Court has held that “If this had taken place over a cup of tea outside a shop, the management could not have taken note of it. Merely because the same exchange took place among a group of employees on a virtual platform with restricted access, it cannot make a difference.” How the management got a copy of the discussion remains undisclosed – the Court alluded to a mole and snooping. I found this case interesting on various aspects – employee social media guidelines, data privacy and misconduct issues. The Court went on to hold that an employee’s right to express grievances is inherent and crucial for a democratic workplace environment and was, in fact, cathartic for the employees. As long as the messages are not unlawful, employees cannot be penalized for misconduct merely for expressing their views on what was a private chat. These inputs from the Court will be useful for employers while determining whether to issue a charge sheet on an employee for alleged misconduct using ‘snooped’ material – you really need to be careful in determining the disciplinary enquiry process for all such sensitive issues. #employmentlaw #misconduct #socialmediaguidelines #india #hrcompliance

Did you know, 59% of compliance officers have banned WhatsApp for business use? Despite that, less than 3% think that banning is an effective solution. Find out more in our Industry Insights report. https://ow.ly/Sghm50OT7LK #compliance #illicitcomms #regulatorycompliance