The unguarded, informal nature of these WhatsApp chats has proved fertile ground for the FCA in the past. Whilst such team chats might start out as an anodyne forum for sharing pet photos, jokes and banter, risks could arise for firms where communications on WhatsApp become the norm and slip into work related messages which could be disclosable in the context of any subsequent regulatory enquiry or litigation (particularly where team members start communicating on a one to one basis). However, many employees are now working remotely in response to the government’s guidance to avoid non-essential social contact and travel with effect from Monday March 16 2020, and certain firms may be contemplating relaxing their Whatsapp policy in order to provide their employees with a mode of informal communication with team members to keep up morale and a sense of team spirit in the absence of any face to face contact. By Sonya Zywko (UK), Katie Stephen (UK) and Marcus Evans (UK) on ApPosted in Fintech, United Kingdomīefore the onset of COVID-19, many firms did not permit the use of WhatsApp in a work context.
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