Will snooping clause in new IT Bill put WhatsApp on mute?

By mid-2024, nearly 3 billion people were actively WhatsApp-ing their way through life—and India alone accounted for a staggering 535.8 million monthly users. While 85% of global consumers say they’d rather ping than call a brand (according to a LivePerson 2020 report), the platform’s omnipresence in the ad world isn’t just about convenience—it’s become the unofficial boardroom.

From campaign budgets to client gossip, WhatsApp threads are where the action happens. But as regulators sharpen their pencils and compliance risks mount, the industry might soon have to ask: is our most-used tool also our weakest link?

For advertising and marketing agencies, this could mean reassessing communication tools and prioritising platforms that offer robust, end-to-end encryption. As businesses navigate an era of increasing digital oversight, safeguarding proprietary data will be more critical than ever.

Delphin Varghese, co-founder and chief revenue officer, AdCounty Media

Encrypted or exposed

Many agencies still consider email as their primary source of communication, internally and externally. Delphin Varghese, co-founder and chief revenue officer, AdCounty Media, explained that every communication tool served a unique purpose. For example, emails are the best choice for formal record-keeping, while platforms such as Slack are preferred for collaboration within organisations. Phone calls are ideal for immediate conversations that require discussions.

“For advertising and marketing agencies involved in sensitive client negotiations and pricing strategies, the potential for government access to WhatsApp chats poses a significant threat to business confidentiality,” Varghese said. The disclosure of confidential discussions may lead to competitive disadvantages, increased regulatory scrutiny, or unauthorised use of proprietary data.

According to industry players, while chats are encrypted, WhatsApp backups are vulnerable to data theft since they lack end-to-end encryption. Cloud backups also remain susceptible to breaches, making agencies vulnerable to data leaks. This raises concerns about whether agencies should continue using WhatsApp for high-stakes business conversations.

Industry experts said that beyond the immediate risks of exposure, agencies that fail to comply with stringent data protection laws, such as European Union's General Data Protection Regulation (GDPR), may find themselves in legal trouble if a data leak occurs. Regulatory non-compliance could lead to hefty fines, legal battles, and a loss of client trust, especially when handling sensitive business information related to pricing, strategy, and negotiations.

The government’s access to electronic communications, whether framed under legal interception laws or national security provisions, sets a dangerous precedent. If unauthorised entities gain access to business plans, pricing models, or client acquisition strategies, agencies may face irreversible consequences, including financial losses and reputational damage, opined a few industry leaders.

Aqueel Ansari, CTO and co-founder at Azmarq Technovation

Aqueel Ansari, CTO and co-founder at Azmarq Technovation, said that although WhatsApp employs Signal protocol for end-to-end encryption, future regulatory shifts mandating data localisation or metadata sharing might add complexity to the implementation of these measures, potentially leading to a security compromise. “For agencies subject to global data protection regimes such as GDPR, PCI DSS, or HIPAA, this may create compliance challenges, raising alarms about data sovereignty and client confidentiality,” he explained.

To mitigate these risks, agencies may consider alternative platforms with stronger encryption and self-hosted communication options. Investing in enterprise-grade security solutions and reviewing internal communication policies will prove essential to protect proprietary data from potential government oversight and cyber threats.

Trust in jeopardy?

Trust is the foundation of every successful client-agency relationship, especially in high-stakes areas like campaign strategy, media planning, and performance marketing. However, if communication platforms are perceived as insecure, clients may hesitate to share critical information, or worse, move to agencies with stronger data security measures.

“Access to WhatsApp chats by government agencies is always a concern for businesses. Consider the damage it can cause if sensitive information such as business strategy, pricing model, and intellectual property secrets (IPs) leaks and somehow falls into the hands of unauthorised parties,” expressed Guru Mishra, senior vice president, Media at RepIndia.

Guru Mishra, senior vice president, Media at RepIndia

“This concern is especially pressing for enterprise clients in regulated industries, who may demand encrypted enterprise communication tools and compliance with stringent security frameworks such as ISO/IEC 27001, SOC 2, or regional data protection laws,” Ansari opined. Agencies that fail to meet these expectations risk losing valuable clients and damaging their reputations, Ansari added.

To maintain trust and competitiveness, agencies must proactively evaluate their communication policies and invest in secure technology stacks. Prioritising privacy and compliance will reassure clients and establish agencies as trustworthy partners in an age of increasing digital scrutiny.

“No technology platform can be fully safe. However, WhatsApp’s Signal protocol is considered the most reliable platform today regarding privacy and security. Signal operates as a non-profit organisation and provides end-to-end encryption. Unlike a few other platforms, it does not store the user metadata,” Mishra informed.

Navkar Jain, co-founder, TrueSales

Legal and cybersecurity measures

To protect sensitive business information, agencies need a mix of strong legal policies and smart cybersecurity practices. This includes training their employees on security aspects and key data protection tools and measures. Navkar Jain, co-founder, TrueSales, said, “Legally, this clearly states using NDAs, clear data protection agreements, and making sure all partners follow laws like India’s DPDP Act or GDPR.”

Regular security checks, employee training, cybersecurity quizzes, hands-on workshops, and monitoring tools like endpoint detection and response (EDR) and security information and event management (SIEM) help prevent rising threats. Integrating AI-driven threat intelligence enables companies to build a strong cybersecurity framework that not only protects against emerging threats but also ensures business continuity, Jain said.

Periodic penetration testing, data breach incident response procedures, and third-party vendor risk assessments should also be part of the cybersecurity framework. According to Neehar Pathare, MD, CEO and CIO, 63SATS, agencies must adopt a zero-trust communication framework, backed by legal safeguards, strict identity verification, and platforms designed for secure collaboration.

“This is not about switching apps, rather, it’s about re-engineering. It’s about how the creative industry perceives digital privacy, security, and governance. The future belongs to platforms that not only encrypt but also empower organisations with control, visibility, and compliance-readiness.”

Neehar Pathare, MD, CEO and CIO, 63SATS

Long-term effects

With the government’s growing power to access platforms like WhatsApp, advertising and marketing agencies are facing increasing pressure to rethink their communication strategies. While these digital tools have enabled centralised workflows and fostered collaboration, their potential vulnerability is prompting a shift towards secure alternatives.

As the regulatory landscape evolves, many agencies are in a wait-and-watch mode, monitoring how the government implements new policies and how industry norms evolve. This moment may mark a turning point—a transition from convenience-first tools to security-first communication models.

Agencies are expected to explore decentralised and enterprise-grade platforms that prioritise data sovereignty, cryptographic protections, and compliance by design. Proprietary communication tools with built-in encryption, embedded CRMs, and audit trails could become standard. There is also a rising interest in blockchain-backed verification and zero-trust architecture to ensure secure and transparent interactions.

Experts in the field said that in the long run, trust, regulatory compliance, and data governance will be as critical as creative excellence. Agencies will likely adopt a hybrid communication model, using secure emails, encrypted messaging apps, and even private systems for internal workflows. This growing emphasis on safeguarding information reflects a broader industry movement where technology choices are increasingly shaped by legal, ethical, and security imperatives.