WhatsApp Group: Imagine you open your phone one day and suddenly see that your boss or someone at work added you into a WhatsApp group. Now your private number is there for everyone in the group to see. At the same time, your phone starts filling with work messages, even when you are at home resting.
The Spanish Data Protection Agency, also called AEPD, already said many times that putting a worker into a company chat with their private number is not allowed. They see this as using someone’s personal data in the wrong way. According to the General Data Protection Regulation, also called GDPR, in Article 4.1, a phone number counts as personal data that must stay protected. If the company uses it without asking first, it can lead to fines. Some companies already had to pay 500 euros because they put workers into groups without asking permission.
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What if Company Phones are used?
The situation changes a bit if the company gives the worker a phone and a number. In that case, the boss has more space to organize work talks through it. But still, the law says the worker cannot be forced to reply to chats after working hours are over. This is because workers have the right to “digital disconnection,” which appears in Organic Law 3/2018. This law protects the time of rest, holidays, and leave days. So even if people work from home, the law still says that digital disconnection applies there too.
Sometimes contracts can say that a worker may use their personal phone in special cases. But that does not mean the boss can just use it for daily group chats. Even in remote work, communication is important, but respect for rest time is also very important.
What Workers can do?
Experts explain that if a boss or colleague adds you to a group without your permission, you should write back in clear words that you don’t want to be part of that chat. Workers have this right, and the company must then find another way to keep communication going. The law makes it clear that the company has to give other official channels, not just personal WhatsApp groups.
