Firms warned as WhatsApp chats used as evidence

Businesses are being urged to strengthen oversight of communications as informal messaging channels become an increasingly common part of delivering professional advice, according to research from specialist insurer Hiscox.

The research found that 86% of consultancy and professional services firms now receive client requests through informal channels at least once a week, highlighting the risks of embedding off-channel communications in day-to-day business interactions.

Professionals in the sector spend an average of 9.3 hours each week informally messaging clients, with platforms such as WhatsApp and Signal now used by 77% of respondents to communicate with customers. Personal email was used by 71%, while 68% interacted through social media direct messages on Instagram, LinkedIn and Facebook. Text messages were used by 62% of firms.

The findings come amid growing regulatory and legal scrutiny of off-channel communications. Last year, the Financial Conduct Authority reviewed the use of such communications within wholesale banking, signalling increasing attention on record-keeping and communication standards across professional sectors.

Hiscox warned that many firms are still adapting to the governance and liability challenges posed by the growing reliance on informal communications. More than half of those surveyed said they have no formal documented policy governing the use of informal messaging in their business, despite 71% expressing concerns that such channels could create legal, operational or professional liability risks.

The research also revealed mounting pressure on professionals to remain constantly connected. Some 42% said they "feel pressure to always be available or respond immediately to clients", while 22% reported experiencing messages being misinterpreted or taken out of context. Meanwhile, 23% said they had seen contradictory advice provided across multiple channels and 32% had witnessed guidance being given outside the agreed scope of work.

Max Dobrov, consultancy and professional services sector lead at Hiscox UK, said that while the shift towards informal communications reflected changing client expectations, firms need to be aware of the risks involved, adding that "what feels informal in the moment can quickly take on real weight once it is written down, shared or taken out of context".

"There is growing recognition, both in business and in the legal system, that informal messages can form part of the formal record. That raises important questions around consistency, documentation, scope of advice and professional boundaries. The issue isn’t whether firms use these tools, but whether they have the right guardrails in place to use them with confidence," he said.

The report noted that courts, regulators and employment tribunals are increasingly treating messages, screenshots and voice notes as formal business records, raising the stakes for firms that lack clear controls over client communications.

Hiscox said the findings underline the need for stronger policies, enhanced staff training and better integration between messaging platforms and record-keeping systems as businesses seek to balance convenience with compliance.

Group chats, texts and message threads are now routinely used in employment tribunals to corroborate workplace claims, including allegations of harassment or bullying, particularly where inappropriate comments were made outside formal working channels.



Share Story:

YOU MIGHT ALSO LIKE


Resilience Rooted in Reality
In this podcast, CIR speaks to CLDigital’s Tejas Katwala about why organisations must move beyond checklist compliance to build living, data driven resilience. He explains how rethinking governance, risk and compliance, breaking down silos and focusing on value streams can create sustainable, real time resilience that is rooted in the way businesses actually operate today.

Building cyber resilience in a complex threat landscape
Cyber threats are evolving faster than ever. This episode explores how organisations can strengthen defences, embed resilience, and navigate regulatory and human challenges in an increasingly complex digital environment.