WhatsApp Compliance Risks Every Company Must Know

WhatsApp has become the messaging app of choice for clients in financial services. They like how personal it feels, how easy it is to use, and how naturally it fits into their daily lives. But while WhatsApp offers convenience for clients, it creates complexity for the organisations that serve them.

‍

For firms operating in regulated industries such as wealth management, fund administration, fiduciary services or private banking, the key question isn’t "should we use WhatsApp?" but "can we do so safely and compliantly?" Because with convenience comes risk, and regulators are paying close attention.

‍

Financial services firms face a growing tension: clients want WhatsApp, but regulators demand full oversight, auditability and control. Failing to manage WhatsApp communication correctly is no longer a grey area, it’s a compliance gap that can lead to enforcement action, reputational damage, and operational risk.

‍

This guide outlines the key WhatsApp compliance risks organisations must be aware of, the current regulatory expectations, and practical ways to meet them without disrupting how your teams or your clients prefer to communicate.

‍

Can Companies Legally Use WhatsApp with Clients?

Yes, WhatsApp can be used by regulated firms, if managed appropriately. Under rules from the Financial Conduct Authority (FCA), Financial Regulation of the European Securities and Markets Authority (ESMA) and the Securities and Exchange Commission (SEC), to use any communication method that lacks visibility, auditability, and appropriate controls is a cause for concern.

‍

Too often, WhatsApp messages are siloed on standalone phones with no retention or monitoring. If a team member leaves the firm or loses their phone, the business loses the record. If a regulator requests a full communication trail, it may be impossible to retrieve.

‍

This isn’t just a record-keeping failure. It risks client confidentiality, obstructs oversight, and undermines data governance. As the FCA has repeatedly warned, using encrypted or unmonitored apps like WhatsApp without compliance controls presents "significant misconduct risks."

‍

Common Compliance Breaches Caused by Messaging Apps

Most compliance breaches involving WhatsApp come down to gaps in visibility, record-keeping, or oversight. Financial services firms are particularly vulnerable when staff use WhatsApp:

• On standalone or personal devices, outside of monitored systems

• Without appropriate retention or archiving

• To share sensitive information without encryption policies

• Without ensuring client consent or appropriate disclosures

‍

The FCA, SEC and other regulators have issued over $2 billion in fines for messaging breaches. Whilst high-profile actions have focused on global banks, the underlying issue applies across the board. If your firm is arranging transactions, sharing advice or collecting documentation via WhatsApp, the communications must be retained, monitored and accessible.

‍

This is particularly critical in financial services, where records must be kept not only for conduct and governance but also to demonstrate compliance with anti-money laundering (AML), client onboarding, suitability assessments, and tax disclosure processes.

‍

‍

What the FCA and Other Regulators Say About WhatsApp

The Financial Conduct Authority has been explicit in its warnings. According to the FCA Handbook:

• Firms must keep records of all business-related communications, including those that result in transactions, client advice or order execution.

• Records must be retrievable and kept for at least five years (seven years or more in some cases).

• Communications must be supervised and monitored, regardless of platform.

‍

This includes phone calls, emails, messaging apps, and even face-to-face interactions where relevant. Using WhatsApp does not exempt a firm from these requirements. In fact, the FCA has stated that consumer messaging apps introduce "heightened misconduct risk" and are not appropriate without firm-level control.

‍

European regulations echo this stance. ESMA's MiFID II framework mandates the recording and archiving of any communication that "may result in a transaction." That includes WhatsApp messages with clients, prospects, and third-party advisers.

‍

GDPR also applies. Personal data shared via WhatsApp must be processed lawfully, stored securely, and limited to what is necessary. It must also be accessible if a data subject exercises their right of access or erasure.

‍

If your firm cannot retrieve WhatsApp messages or link them to specific clients, it is already failing to meet these standards.

‍

Risks of Blocking WhatsApp Without a Backup Plan

Some firms have responded to WhatsApp compliance risk by banning it altogether. But blocking WhatsApp often creates new problems:

• Staff continue to use it on personal devices, off the record

• Clients become frustrated when they can't send quick messages or updates

• Internal silos emerge as teams rely on individual workarounds

• Key evidence may be lost, even as regulatory obligations remain

‍

The reality is this: banning WhatsApp doesn’t remove the risk, it just makes it harder to monitor. In practice, prohibitions without an operational alternative lead to more fragmented communications, not fewer.

‍

Firms that do choose to block WhatsApp must be able to prove that all staff follow the policy, that no client messages are received via the platform, and that approved communication channels meet both client needs and regulatory requirements.

‍

Building a Messaging Policy That Actually Works

Rather than prohibit WhatsApp entirely, regulated firms are better served by building a compliant framework that recognises client preferences and meets regulatory standards.

‍

A good policy should:

• Identify which messaging channels are permitted and how they are monitored

• Specify how WhatsApp messages are recorded, stored and retrieved

• Link WhatsApp communication to internal systems (e.g. CRM, case management, email)

• Provide team-wide visibility, especially for audit and handover scenarios

• Include clear onboarding and training for staff

• Offer clients transparent disclosures about how WhatsApp messages are used and stored

‍

Messaging restrictions in regulated firms don’t have to be painful. But they do need to be realistic. Clients will continue to use WhatsApp. The question is whether your firm has the controls in place to manage it.

‍

How ClientWindow Helps You Stay Secure and Compliant

ClientWindow is business messaging software that integrates client WhatsApp communication directly into your internal systems - including staff email, Microsoft Teams, practice management software, surveillance software and archiving tools such as Mimecast.

‍

Make WhatsApp Compliant with ClientWindow by:

• Storing WhatsApp messages securely and centrally, so no communication is siloed on standalone devices

• Ensuring that messages cannot be deleted by clients or team members

• Enabling team-wide oversight of every interaction

• Automatically linking messages to client files or CRM entries

• Supporting regulatory record-keeping, audit readiness, and GDPR compliance

‍

Your clients continue using WhatsApp as normal. Your team receives and responds to those messages through your usual workflows such as email, Teams, or practice management systems.  

‍

This approach avoids the need to block WhatsApp as it eliminates the audit risk when clients want to use WhatsApp. It helps give your firm the visibility and control needed to meet FCA, MiFID and GDPR expectations.