Are WhatsApp agreements legally binding?

The short answer

WhatsApp messages can form a binding agreement when both parties clearly express their will to make an arrangement. For a valid agreement, three elements are required: offer, acceptance, and the intention to create legal consequences. The form in which the agreement is made - whether it is oral, written, or via WhatsApp - does not matter in principle. The content and the intention of the parties are decisive for the legal binding.

What does the law say?

The Dutch Civil Code does not set specific form requirements for most agreements. Article 3:33 of the Civil Code stipulates that a legal act is valid if it meets the legal requirements. According to Article 6:217 of the Civil Code, an agreement requires an offer and acceptance. WhatsApp messages can serve as evidence of consensus, provided the content is clear enough.

What should you pay attention to?

The probative value of WhatsApp messages depends on various factors. Screenshots can be manipulated, so also keep other forms of evidence. Make sure that both parties clearly agree to the arrangement and that all important conditions are mentioned.

Example from practice

Jan sends a WhatsApp to Piet: 'Do you want to buy my car for €5000? It's from 2018 and has 80,000 km on the clock.' Piet replies: 'Yes, I'll buy it. When can I pick it up?' Here, there is a binding sales contract. Jan has made a clear offer with all essential elements, and Piet has unambiguously accepted it. Both parties are now legally obligated to fulfill their part of the agreement.

What can you do?

In case of problems with a WhatsApp agreement, you can take various steps to protect your rights.