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Data protection: Companies risk high fines when using messengers

business data protection

Companies risk high fines when using messengers

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Services such as Whatsapp often do not comply with company data protection rules Services such as Whatsapp often do not comply with company data protection rules – – –

Services such as Whatsapp often do not comply with company data protection rules

Quelle: picture alliance / Dutch Photo P

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Many companies use services like WhatsApp and Teams that were actually developed for private use. In the worst case, the resulting data protection violations can threaten the existence of the company.

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UCompanies in Germany take high risks when they let their employees use messenger services that were developed for private use. This is the result of a legal study by the FZI Research Center for Computer Science in Karlsruhe, which WELT AM SONNTAG is exclusively available to.

“Companies, associations or authorities risk high sanctions if they violate data protection regulations in internal or external communication,” says the head of the study, Manuela Wagner. “Numerous instant messengers developed especially for private use hardly or not at all meet the relevant legal requirements for data and trade secrets protection in the European Union. ”

The study, which was commissioned by the Swiss messenger specialist Threema, puts a finger in a wound. During the corona pandemic the messenger use increased again in companies. Employees not only communicate with one another via services such as Teams or WhatsApp. Contact with customers and consumers is also often done through it. Two thirds of all companies now use messenger services frequently or very frequently for their internal and external communication, as a representative survey by the digital association Bitkom has shown.

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Many, especially smaller, companies are not even aware that they are violating data protection regulations. For example, WhatsApp users are asked to share their address book. The consent of the persons listed therein is not obtained.

Some companies have now taken action – and forbidden their employees to use the WhatsApp messaging service, for example. Most recently, the German Football Association (DFB) banned its employees from using WhatsApp. “There are now many legal and data protection concerns because all contact details are being sent to America – we as a company can no longer take responsibility for that,” explained DFB director Oliver Bierhoff the measure. The automotive supplier Continental had already banned its employees from using it three years ago.

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For companies, violations of the General Data Protection Regulation get expensive. Fines of up to 20 million euros or four percent of the worldwide turnover of the previous year are planned here. In the third quarter of the current year, the European Union imposed fines of almost one billion euros, according to Finbold’s financial analysts. However, the record is due to a recently pronounced high fine against the online retailer Amazon. There is no survey of how often companies were prosecuted for unlawful messenger use. However, experts point out that the data protection authorities in Germany are severely understaffed and that this is the only reason why they are currently unable to investigate many violations.

The study also indicates a new legal situation. Accordingly, trade secrets only enjoy legal protection if the information is protected with appropriate measures. Those who do not adhere to them can have difficulties asserting their claims. “That can reduce the company’s value and, in the worst case, even threaten the very existence of a company,” said study director Wagner. The experts advise caution, especially when using services that are operated outside of Europe.

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Not only is the forwarding of data to the USA problematic, but also the storage of data from US providers on servers in Europe. “With the Cloud Act, this even applies to data stored by US companies within the EU, because data stored outside the USA must also be released upon request by US authorities,” the study says. The use of services from third countries is not prohibited, but high protection requirements have to be applied, including additional encryption and the anonymization and pseudonymization of data.

Users would also have to be trained. Even simple measures are possible, including an assessment of whether the data protection declaration of the services is simple and transparent or the source code of the software has been published so that experts can understand the level of data protection. You should be particularly careful when using free services, because here users often pay with their data.

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