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.

About this article

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.

About this article

Read, listen and watch our latest insights

art
  • 29 July 2025
  • Corporate and M&A

Articles of Association v. Shareholders Agreement in England and Wales: Which one works best for you and your company?

The decision of whether to solely rely on a company’s Articles of Association or implement a bespoke Shareholders’ Agreement depends on the specific needs and priorities of the individual shareholders and the company alike.

Pub
  • 28 July 2025
  • Employment

Talking Employment Law: The Employment Rights Bill – Part 3

In part three of the Employment Rights Bill podcast series, Louise Keenan and Lucy White, members of the employment team, will discuss changes to fire and re-hire practices, harassment, zero-hour contracts and tribunal limitation periods.

art
  • 24 July 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Just Construction Recruitment Ltd to ASAP TT SAS

Clarkslegal’s corporate team is pleased to have advised the shareholders of Just Construction Recruitment Ltd on the sale of the company to French based, ASAP TT SAS.

art
  • 23 July 2025
  • Immigration

Home Office Announces Major Changes to Skilled Worker Route

On 1 July 2025, the Home Office released a new Statement of Changes (HC 997), delivering on the first phase of what the government calls a “sweeping reform” to the immigration system, as set out in the May 2025 Immigration White Paper. The changes to the Immigration Rules were enforced on 22 July 2025.

art
  • 21 July 2025
  • Employment

When the ‘Kiss Cam’ Captures More Than Just a Moment: Romantic Relationships in the Workplace and the Legal Risks

Imagine this: A packed Coldplay concert. Tens of thousands of fans. Suddenly, the “kiss cam” camera pans to the crowd and lands on a man and woman sharing an affectionate embrace.

Pub
  • 15 July 2025
  • Corporate and M&A

Preparing your professional services firm for sale

In our latest podcast, join Stuart Mullins and Nicky Goringe Larkin as they explore the complexities of valuing and preparing professional services firms for the market, whether for sale, merger, venture, or fundraising.