In recent years, WhatsApp has become the world's leading means of communication, increasingly taking over from text messaging and even email. WhatsApp is today an indispensable tool, both for personal relationships and in professional life.
Through its chats, any kind of information may be exchanged, in writing, verbally (through audio notes) and video. Sometimes, WhatsApp can also become a means to conclude agreements and contracts, such as leases.
But is this practice considered legal? Let's have a look.
What legal value does a WhatsApp message have?
In general, the value of a WhatsApp chat is recognised, to the extent that it can be used in court and act as evidence. But for a chat to have this force, it must clearly and unequivocally demonstrate the understanding between the parties.
If, in the event of a dispute, it is not possible to find all the necessary information, we proceed in the traditional way following the provisions of the Civil Code.
What happens when a WhatsApp message is used as evidence in a trial? If one of the parties to the dispute produces the screenshot or any other reproduction of a private chat, two conditions may occur:
- the screenshot is not contested by the opponent and therefore constitutes full proof of the content;
- the screenshot is contested by the opponent.
In the first case, the screenshot has the value of documentary evidence and the court may take it into account according to its prudent appreciation.
In the second case, the judge must assess the merits of the objection and ascertain whether it is based on serious and concrete elements or is merely pretextual. In other words, if the other party's disavowal is not reasoned and circumstantiated, the court will recognise the screenshot as full evidence.
The validity of the lease on WhatsApp
The answer is immediate: the lease on WhatsApp is valid. Arrangements made through messaging systems are, in fact, considered suitable for the purpose of proving agreements reached between lessor and lessee.
Therefore, unless there are special legal requirements that call for a different practice, even a chat on WhatsApp can become a means of establishing an agreement between landlord and future tenant.
What really counts, for the contract to be valid, is in fact that the communication is accurate and complete with all the necessary information so that, in the event of disputes, misunderstandings and possible misinterpretations are not generated.
Of course, the agreement reached between the parties via WhatsApp has to be documented, through the screenshot of the document. In this way it becomes written evidence of the understanding.
However, a detailed agreement in writing is always preferable to a quick exchange of messages via WhatsApp. This is done in order to limit as much as possible the margin of uncertainty in the interpretation of the contract and thus to avoid the conflict that may then lead to court action.
Lease termination and warning via WhatsApp
If a contract exchanged on WhatsApp is valid, is the sending of a cancellation valid as well? The answer to this question is no, unless the homeowner agrees to do so.
From a legal point of view, termination of a tenancy agreement must always be by registered letter with return receipt, which may be replaced by an e-mail sent by Pec. A communication sent via WhatsApp, on the other hand, has no legal value.
As for cease-and-desist letters, which are sent to ask a person to stop a certain damaging behaviour, these can also be sent via the Internet, in which case we speak of an online cease-and-desist letter, which normally has to be drafted in writing by a lawyer who then proceeds to send it. This operation is possible:
- via Pec
- via WhatsApp or Telegram
In the latter case, it will be sufficient to see the double tick activated as a guarantee that the message has been read by its recipient. It will then be up to the lawyers to execute the certified copy of the missive.
The message must therefore be sent directly by the lawyer or law firm to which one has addressed oneself, who will explain the client's demands as comprehensively as possible in such a way as to make the online notice certain in the event of subsequent litigation.
Any defects can also be reported via WhatsApp and have legal value. In the event of litigation, they may therefore constitute evidence and oblige to pay compensation.
Forwarding a message, when is it an offence?
But when does forwarding messages constitute an offence? According to the law, an offence is committed by anyone who appropriates another person's correspondence. Extending the concept to the digital world, it can be said that forwarding a message becomes a crime when the perpetrator of the conduct is not the recipient of the communication.
The latter thus commits the offence of revealing the contents of correspondence. In some cases, forwarding a message, be it a WhatsApp message or an e-mail, may violate the privacy of the persons involved in the communication. As in the case of personal mail that is forwarded by the addressee to persons outside the correspondence. In such a case, forwarding the message violates the privacy of others and thus obliges the person whose personal data was unlawfully disclosed to pay compensation.
However, there is only a breach of privacy if there is personal data, such as home address, first name and surname, and health information.