Can companies use WhatsApp Business in a GDPR-compliant manner? Instructions [August 2025]

WhatsApp is by far the most popular messenger in Germany — particularly in the private sector (Source: 2022 Statista). But companies are also using the platform many reasons increasingly for customer communication. With WhatsApp Business and the WhatsApp Business API Meta (formerly Facebook) has been offering suitable solutions for this for several years. Many companies report positive experiences not only in customer service but also in marketing: The The opening rate of WhatsApp messages is around 98%, while emails only reach around 20% on average (source: Aisensy.com).

In today's competitive environment, it is crucial to be present where the target group is anyway. WhatsApp does exactly that — but business use is not trivial from a legal point of view. Because with the General Data Protection Regulation (GDPR) There are clear rules for handling personal data in Germany and the EU.

This article shows which requirements companies must meet when using WhatsApp and how they avoid legal risks Can.

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At the beginning: Short answers to the most important questions

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Which companies must comply with the GDPR?

The GDPR (General Data Protection Regulation) must be all companies are met, the personal Processing data from EU citizens, regardless of whether the company is based in the EU or not. This includes large corporations as well as small and medium-sized enterprises as well as individual entrepreneurs, provided that they process data from people in the EU.
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Why shouldn't companies use the normal WhatsApp business app?

Without special settings and significant restrictions on how WhatsApp works, metadata the user and their contacts are collected. That requires a Order processing contract in accordance with Art. 28 GDPR. Particularly critical: WhatsApp usually uses the address book of the user and stores user data and chats US servers.
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How can companies communicate via WhatsApp in a GDPR-compliant manner?

There are two options:

1.: The Use of the traditional WhatsApp business app with various restrictions and limited functionality (delete contacts from the address book who have not installed WhatsApp; deactivate cloud backups; obtain customer consent; link legal notice to WhatsApp, etc...)

2.: The professional WhatsApp Business API interface and benefit from additional functions such as WhatsApp newsletter, integrations, employee assignments, unlimited number of devices and users, automatic answers, etc.
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What is the WhatsApp Business API interface?

Die paid WhatsApp Business API is a programming interface, which allows companies to access WhatsApp directly without using the WhatsApp user interface. The software is usually provided by third parties and contains, at least at hellomateo, significantly more functions as the traditional WhatsApp business version. With the WhatsApp Business API, customer service, marketing and corporate communications can be professionally designed and automated.

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Critical with regard to the GDPR: WhatsApp collects various metadata

WhatsApp chats are usually End-to-end encrypted. This means that WhatsApp and parent company Meta Platforms have no direct access to the content of conversations such as texts, media and other data. However, under certain conditions, Chats cached on WhatsApp servers become. For example, when messages are temporarily unable to be delivered to the receiving user due to a lack of Internet connection. Backups of chat histories uploaded to the cloud are also stored on WhatsApp servers. From a data protection perspective, the so-called Metadata relevant, which are also recorded and stored. This includes the following information:

• Smartphone model
• device name
• phone number
• profile picture
• profile name
• Profile description
• address book
• position
• Date & time

Even if this data does not reveal any clear information about the content of the conversation at first glance, such information can be used to provide relatively meaningful information user profiles create.

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Data protection issues when using WhatsApp Business

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1.: Processing of personal metadata

A major problem is the already mentioned usage and Metadata processing by WhatsApp. The processing of personal data requires justification on a legal basis. Since services such as WhatsApp are not subject to telecommunications secrecy, the law does not expressly preclude the use of this information, at least for now. This problem is usually solved by the conclusion of a Order processing contract in the sense of Art. 28 GDPR resolved. Put simply, the contract prohibits the independent use of customer data by the contractor.

The transfer of such metadata to the service provider (WhatsApp) is justified under data protection law through an order processing contract. The processing of personal data is carried out in accordance with data protection regulations and does not require any separate consent from the customer. The standard version of WhatsApp does not offer the option of concluding an order processing contract. WhatsApp Business has an AV contract Completed automatically when you download the app and accept the terms of use.

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2.: Access to contact details

Perhaps the most well-known data protection issue is Uploading address book data from the user to WhatsApp. Contact data is stored on WhatsApp servers in the USA and compared with data from other users. Unlike some other messengers, Contact data stored unencrypted on WhatsApp. Companies must be able to prove the legal basis for transmitting data to individual contacts. The transmission of contact data to WhatsApp is based on a balance of interests within the meaning of Art. 6 para. 1 lit. f) GDPR allowed, provided that the submitted contact uses WhatsApp.

If the contact does not have their own WhatsApp account, this legal basis does not apply, as the interests of the data subject prevail due to the transfer of data to a third country. In summary, access to contact data is therefore only available in the exceptional case that all submitted contacts already have a WhatsApp account, harmless under data protection law. Therefore, uploading address data is also the Main point of criticism from authorities in Germany and Europe.

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3.: Unencrypted backups

Another issue concerns Backups of message flows stored in the cloud become. Even though all WhatsApp messages, voice memos, photos, videos, documents and other data are generally protected by end-to-end encryption, backups are usually not subject to this additional protection. Using backups may seem like a good idea to restore in the event of a loss, but it is not compatible with the GDPR. This feature should be used by companies Always be deactivated, to protect clients' personal data and to comply with data protection regulations in this aspect.

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How exactly can companies use WhatsApp in a GDPR-compliant manner?

The use of Standard version According to the applicable terms and conditions, WhatsApp is not allowed for companies. Due to the lack of option to sign a contract for order processing, this WhatsApp version is also highly problematic from a data protection perspective. Despite the strict regulations, there are two ways for companies to use WhatsApp to communicate with customers.

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Option 1: Use WhatsApp Business in a GDPR-compliant manner

WhatsApp Business is a free app available for Android and Apple smartphones, specifically designed for self-employed people and smaller businesses. WhatsApp Business makes it easy to interact with customers by providing tools to automate, sort, and respond to messages quickly. The user interface and many functions are similar to those of the WhatsApp Messenger app for private individuals, making it very easy for most companies to use the WhatsApp Business app.

With some restrictions, WhatsApp Business can be used in a GDPR-compliant manner. The main problems described in processing personal metadata, access to contact data and unencrypted backups can be avoided with the following tricks:

• The WhatsApp Business app should only be used on dedicated mobile devices
• that address book May only personals contain whose telephone numbers are already with a WhatsApp account are linked
• It should always be the latest version the app must be installed
• cloud backups (via Google Drive/Apple iCloud) must unchecked being
• that automatic saving of photos and attachments in internal or external storage unchecked being
• Linking a Impressum in the company profile in the WhatsApp Business app (SECTION 5 DDG) must be available
• When in doubt, get one Consent from your customers to process personal data, a

Please note that with the recommended settings Some WhatsApp business functions cannot be used are and may be the processing of customer inquiries less efficient expires. Some customers may even be reluctant to contact you if they cannot guarantee continuous encryption of customer data. And despite all precautionary measures, GDPR conflicts can never be ruled out when communicating via WhatsApp Business.

‍Hellomateo therefore recommends a WhatsApp company account that works via API. The use of the WhatsApp API is in fact too 100% data protection compliant and at the same time the only way to use WhatsApp Messenger in a privacy-compliant manner. This saves you the costs of external data protection consultants and lawyers and legal costs in the event of a warning. And you must no consent from your customers obtain to process the data. But that's just the beginning: The WhatsApp API has for companies A number of other benefits to offer, as you will learn in the following section.

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Option 2: Use WhatsApp Business API in a GDPR-compliant manner

In order to provide professional companies with a secure, scalable and GDPR-compliant solution that is tailored to their needs, Facebook launched the WhatsApp Business API introduced. This application programming interface (API) allows companies to receive and answer unlimited WhatsApp messages from their customers.

In contrast to the WhatsApp business app, the API itself comes without a user interface off. The API connects WhatsApp to a professional messaging tool, as offered by Hellomateo, for example. Companies integrate the WhatsApp API endpoint with the softwares from an official WhatsApp business solution provider. Hellomateo is one such provider and offers corporate customers the appropriate integration into a clear user interface with its in-house software.

Since the user interface, including all technical features, is not provided by WhatsApp but by a business solution provider, GDPR compliance may differ from provider to provider.

The use of hellomateos messaging software is 100% GDPR-compliant. whatsapp and third companies can do not access the address book stored on the device. Cloud backup, which is problematic from a data protection perspective, has also been deactivated. For technical reasons, the transmission of metadata to WhatsApp by all business solution providers, including hellomateo, cannot be avoided. Thanks to the contract for order processing with WhatsApp, the hellomateo messaging tool is also compliant with data protection in this aspect. The deployment of hellomateos servers in Germany And the Possibility to delete individual or all communication and customer data offer additional Data protection security.

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Observe the opt-in rule for GDPR-compliant WhatsApp marketing

As with the e-mail newsletter, newsletters sent via WhatsApp Business also apply that An opt-in must be obtained from the recipient in advance. Sending advertising or saving personal data without subscribers' consent or through an opt-out has long been prohibited in the EU. In contrast to the opt-out, in which the data subject must actively object to the storage of data or the receipt of advertising, when opting in, the Recipients actively agree. The conditions for consent are in Art. 7 GDPR regulated.

The shipment of WhatsApp newsletters without a declaration of consent The recipient violates both applicable law and the WhatsApp Business terms of use and can therefore not only become a WhatsApp account suspension lead, but also legal consequences draw after yourself.

In order to comply with the WhatsApp terms of use and the GDPR at the same time, care should also be taken that the name of the respective company is clearly recognizable and that it is made clear to the person concerned that they promotional messages are received through consent. It is also recommended to state how often the person receives the newsletter. Clear communication creates the necessary basis of trust with the customer. And this trust should not be exploited, because recipients must possibility The WhatsApp newsletter can be given at any time with just a few clicks unsubscribe.

With WhatsApp Messenger, by default Integrates the function that recipients only have one Message with “Stop” must send to the company to unsubscribe from the newsletter. So if a company sends out newsletters at intervals of just a few days or offers customers no added value, the number of subscribers quickly drops to zero. In our Articles about WhatsApp marketing We have listed a lot of helpful tips about this.

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More benefits of the WhatsApp Business API with hellomateo

We at hellomateo are your messaging experts when it comes to customer communication. Hundreds of companies are already using hellomateo and are impressed. Our customers particularly appreciate the following benefits:
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• ‍Central user interface: hellomateo combines WhatsApp Business Platform, email, Instagram, SMS and Facebook Messenger in one central inbox. The intuitive user interface includes various tools for efficient customer communication and saves you valuable working time.
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• integrations: With hellomateo, you can use WhatsApp in integrate over 6,000 software programs and fully automated Customer trips create with invitations, order confirmations, shipping information, invoices, and reminders.
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• Newsletter marketing: Send GDPR-compliant Newsletter via WhatsApp or SMS and benefit from opening rates of over 95%.‍
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• Assessment management: hellomateo can Automatically request online reviews from your customers, which boosts your Google ranking and trust in your company.
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• ‍Data protection: hellomateo meets all German and European Data protection requirements and offers end-to-end encryption for secure customer communication.
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• scalability: Our software is suitable for Businesses of all sizes and can be extended indefinitely depending on the package.‍
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• ‍Diverse AI features: Our AI agent can automatically answer customer inquiries in chat, answer calls, help with the formulation of messages and much more.
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Arrange a non-binding and free consultation and we'll show you how hellomateo covers your communication needs! Simply book an appointment here or write to us via our web widget.

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Note: All information in this article is provided without guarantee and does not constitute legal advice. In case of doubt, please contact a data protection expert or your lawyer.