Messaging platform WhatsApp has informed the Supreme Court that it will adhere to the Competition Commission of India’s (CCI) directives, allowing users more control over their data sharing with other Meta companies. The court permitted WhatsApp and Meta Platforms to withdraw their applications against the CCI penalty after committing to implement the National Company Law Appellate Tribunal’s (NCLAT) order, extending privacy and consent safeguards to advertising-related data sharing. Senior advocate Kapil Sibal, representing WhatsApp and Meta, stated that they would comply with the tribunal’s directions by March 16, 2026, and would not seek a stay on the order.
Recording this, the Chief Justice of India-led Bench dismissed the applications and instructed WhatsApp to submit a compliance affidavit to the CCI as per the NCLAT order. The NCLAT had upheld the CCI’s decision that WhatsApp’s 2021 privacy policy imposed unfair conditions on users and that cross-platform data sharing bolstered Meta’s position in the online advertising market. While affirming the penalty, the tribunal set aside the ban on sharing WhatsApp user data for advertising, emphasizing the importance of providing users with meaningful opt-in and opt-out choices.
Meta Platforms and WhatsApp appealed against the NCLAT’s judgment, while the CCI filed a cross-appeal challenging the decision allowing data sharing for advertising. The Supreme Court, in an earlier hearing, expressed concerns over user privacy and criticized WhatsApp’s privacy policy, highlighting the lack of meaningful choice for consumers. The court questioned the fairness of the policy, noting its impact on ordinary users and emphasizing the need to protect privacy rights.
