Search

How can we help?

Icon

Will WhatsApp share my data with Facebook?

The WhatsApp privacy confusion – what is actually going on and should you continue to use the app?

Recently, WhatsApp’s 2 billion users were faced with an ultimatum which came in the form of a policy update notification on the app. The ultimatum appeared to be for users to either share their data with WhatsApp’s parent company, social media giant Facebook, or delete the app. Users were given a deadline of 8th February 2021 to decide.

The ultimatum triggered an exodus of users, who all sought shelter with what they argued to be more private messaging apps such as Signal or Telegram.

However, at the end of last week, WhatsApp announced that it would be extending the deadline to either accept or decline its updated terms and conditions until the 15th May 2021.

The primary reason for the extension appears to be for WhatsApp to clear up the confusion and miscommunication around the update notification.

Many users had concerns their messages would no longer remain encrypted and that Facebook would have unlimited access to all the personal content shared via WhatsApp. Reports suggested the updated terms and conditions would allow WhatsApp to share much more data than before (such as your location, device identifiers, contacts lists, usage data and purchases) with Facebook and other Facebook-owned businesses like Messenger and Instagram.

WhatsApp have since come out to say that the update does not extend their ability to share data with Facebook, and in fact it appears that many users’ data-sharing fears were already fully being realised by WhatsApp since its data-sharing policy first came out in 2016.

This time, WhatsApp says its update is largely aimed at giving users new options for interacting with businesses (WhatsApp appear to have plans to introduce a payment system within the app so users can purchase from businesses), a practice which is very usual on other messaging apps such as the Chinese messaging app WeChat. WhatsApp have made it explicitly clear that person to person content will continue to be encrypted.

It is very important to note that WhatsApp users within the EU and the UK are receiving a separate privacy policy update to those elsewhere in the world. This may have added to the confusion. European privacy laws, and the UK’s privacy laws as they stand (all of which stem from the GDPR) are much stricter than they are in many other parts of the world, placing much tougher restrictions on the information that can be shared between companies.

WhatsApp says its update is largely aimed at giving users new options for interacting with businesses

WhatsApp have confirmed “It remains the case that WhatsApp does not share European Region WhatsApp user data with Facebook for the purpose of Facebook using this data to improve its products or ads.”

This means that UK and European WhatsApp users can relax somewhat, in the knowledge that there are no changes to how data is shared in the policy updates that apply to them.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.