Business WhatsApp Regulations and Best Practices in Mexico and LATAM
Failure to comply with WhatsApp policies may result in permanent suspension of your business account. In Latin America, where WhatsApp is critical for business, knowing and complying with all regulations is not optional: it is essential for business survival in the digital environment.
Meta Policies for WhatsApp Business
Trade Policy
Prohibited Products:
- Weapons and explosives
- Drugs and controlled substances
- Non-prescription pharmaceuticals
- Non-regulated financial services
- Adult content
- Counterfeit products
Messaging Policy
Consent Required:
- Get explicit opt-in before sending messages
- Provide clear opt-out in every message
- Immediately honor no-contact requests
- Maintain consent records for at least 1 year
Messaging Limits
Limits per Account Level:
- Level 1: 1,000 unique conversations in 24 hours
- Level 2: 10,000 unique conversations in 24 hours
- Level 3: 100,000 unique conversations in 24 hours
- Unlimited: Requires special Meta approval
Regulations by Country in LATAM
Mexico - LFPDPPP
Federal Law on the Protection of Personal Data in Possession of Private Parties
Key Requirements:
- Clear and accessible privacy notice
- Express consent for sensitive data
- Right of access, rectification, cancellation and objection (ARCO)
- Registration with NACI for databases > 100,000 records
- International transfers require additional consent
Brazil - LGPD
General Data Protection Law
Key Requirements:
- Clear legal basis for data processing
- Specific and informed consent
- Appointment of DPO (Data Protection Officer)
- Impact assessment for sensitive data
- Gap notification within 72 hours
Colombia - Law 1581
Personal Data Protection Law
Key Requirements:
- Prior, express and informed consent
- National Registry of Databases (RNBD)
- Public data processing policies
- Procedures for exercising holder rights
- Technical and administrative security measures
Argentina - PDPA
Personal Data Protection Law
Key Requirements:
- Free, express and informed consent
- Registration with AAIP (Agency for Access to Public Information)
- Specified and legitimate purpose
- Principle of proportionality
- Transfers require adequate level of protection
Good Implementation Practices
Obtaining Consent
Valid Methods:
- Specific checkbox in web forms
- Documented verbal confirmation
- Affirmative answer to initial message
- Double Opt-in for added security
Example of an Opt-in Message:
"Hi! To send you exclusive offers and updates via WhatsApp, we need your permission. Answer 'YES' if you agree to receive commercial messages. You can cancel at any time by typing 'STOP'."
Opt-out management
Automatic Implementation:
- Recognize key words: STOP, LOW, CANCEL, NO MORE
- Immediately confirm the cancellation
- Remove from the automatic messaging system
- Keep record of the opt-out request
- No more commercial messages (support is allowed)
Documentation and Records
Essential Documents:
- Updated Privacy Notice
- Consent records with timestamp
- Logs of sent and received messages
- Documented safety procedures
- Contracts with service providers
- Privacy Impact Assessments
Technical Security Measures
Encryption and Protection
Required Implementations:
- End-to-end encryption for sensitive messages
- Secure database storage
- Restricted role-based access
- Audit logs for access
- Encrypted and secure backups
Access Control
Access Policies:
- Mandatory two-factor authentication
- Periodic review of permits
- Immediate recall for departing employees
- Monitoring of suspicious activities
- Regular safety training
Compliance Procedures
Internal Audits
Monthly Checklist:
- Review opt-in and opt-out logs
- Verify compliance with messaging limits
- Audit access to personal data
- Review user complaints
- Maintain process documentation
- Verify operation of safety systems
Response to Rights Requests
Standardized Process:
1. Reception: Dedicated channel for ARCO requests
2. Verification: Confirm identity of applicant
3. Processing: Maximum 20 working days for response
4. Delivery: Format requested by the holder
5. Follow-up: Confirm applicant satisfaction
Incident Management
Gap Response Plan
72-Hour Protocol:
Time 0-4: Immediate containment of the incident
Time 4-24: Impact assessment and stakeholders
Hour 24-48: Notification to competent authorities
Hour 48-72: Communication to affected owners
Post-72h: Implementation of corrective actions
Crisis Communication
Key Elements:
- Transparency about what happened
- Measures taken to contain the problem
- Actions to prevent recurrence
- Contact channels for those affected
- Expected resolution timeline
Comprehensive Compliance Checklist
Legal Documentation:
- Updated and accessible privacy notice
- Documented data processing policies
- Contracts with service providers
- Registrations with competent authorities
- Impact assessments completed
Operational Processes:
- Automated opt-in/opt-out system
- Procedures for responding to ARCO rights
- Incident response plan
- Regular staff training
- Scheduled internal audits
Technical Measures:
- Encryption of data in transit and at rest
- Role-based access control
- Configured audit logs
- Secure backups implemented
- Active safety monitoring
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Conclusion
Regulatory compliance in WhatsApp business is not only a legal obligation, it is a competitive advantage that builds customer trust and protects your company's reputation. Regulations in Latin America are strict and the penalties for non-compliance can be devastating for SMEs.
Implementing a robust compliance framework from the outset is far more efficient and cost-effective than remediating problems after they occur. Companies that prioritize compliance not only avoid legal risks, but also build stronger, longer-lasting relationships with their customers based on trust and respect for their privacy.
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