How is legislation and what rights do you have to deny you

Let’s explain why Your company cannot force you to join a WhatsApp group of work, even if important things have to be communicated. This is a direct and comfortable communication route between employees and bosses, although it can violate some of your personal rights.

Therefore, let’s clarify you What is the situation of this type of groups As for legislation. We will tell you The rights you have and the procedures for which they can be created.

The key is in consent

WhatsApp has become an almost by default tool to make groups of friends or family to be able to chat at all times. And groups can also be created for the company, although here you have to take into account and respect those who They do not want to join groups or receive invitations. This can be somewhat conflictive, especially when the invitation is from your chief of work.

In the Organic Law for the Protection of Personal Data and guarantee of digital rights or RGPD there is no article in which this situation is talk about, although in some articles Spanish data protection agency or AEPD If certain rules are established for this issueand that serve as the basis to know how to act.

According to this agency, They cannot invite you to a WhatsApp business group without your permission. When they do, all other members can see your phone number. This number is cataloged as one of your personal data according to article 4.1 of the GDPR, so getting into consent without consent violates the data protection law.

This is because of the treatment given to your personal data, which is illicit in the event that you are forced to enter a WhatsApp group of your company without your consent. This is an infraction that already has caused fines to companieseven In such seemingly innocent cases as the group to organize a New Year’s Eve party.

And what about teleworkors?

Teleworking is a work form that entails a somewhat more different scenario, and on which there is no concrete legislation. In part, this will depend on the contract that the worker has signed, because in many occasions the company includes the obligation to give their telephone number and email to be able to contact him in urgent cases.

Therefore, the one who can put you in a WhatsApp group in your company when you have such a contract formed It depends on whether it justifies that it is urgent. For practical purposes, this makes it generally Nor can they add you without your consent straight.

Your boss cannot infiltrate

It may also be the case that you have a WhatsApp group between employees, and that the boss gets to access illegally and use those messages in some type of active judicial process.

This case has already been givenand supposed A conviction for the crime of discovery and revelation of secrets. Come on, that if your boss does not participate in a WhatsApp group, he cannot infiltrate without permission and use what you say on your against.

Everything changes with a company phone

Finally, you should know that all this changes if your bosses They give you a company phone. In these cases, there have already been sentences that point to that The company has control over these media Because they are yours. Come on, if you give you a phone with a number, they belong to the company and they could force you to access a WhatsApp group with this number.

But here, everything also depends on the contract you have, and the company must have a policy of its technologies in which specify what the worker can or cannot do With them. Therefore, it must be something that is clear in business policies, and will depend on each of them.

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