WhatsApp Privacy Case: Meta To Comply With CCI’s User-Consent Order
Meta has reportedly agreed to comply with the latter’s directions pertaining to the WhatsApp privacy policy case
WhatsApp told the Supreme Court (SC) during a hearing today that it will withdraw its interim application challenging NCLAT’ order
Meta’s counsel told the bench that it would no longer press its interim applications seeking a stay on the directions since the company had decided to comply with them by March 16
After an over year long legal tussle with the Competition Commission of India (CCI), Meta has reportedly agreed to comply with the latter’s directions pertaining to the WhatsApp privacy policy case.
As per a report by Bar and Bench, WhatsApp told the Supreme Court (SC) during a hearing today that it will withdraw its interim application challenging NCLAT’s order which called for enforcement of directions issued by the CCI in respect to it implementing a user-consent based framework for data sharing. Consequently, the SC granted the company to withdraw its petition.
Meta’s counsel Kapil Sibal told the bench that it would no longer press its interim applications seeking a stay on the directions since the company had decided to comply with them by March 16.
The legal tussle traces back its origins to CCI’s verdict on Meta in November 2024. The competition watchdog found WhatsApp abused its dominance via its 2021 policy forcing users to share data with Meta, fined Meta INR 213.14 Cr and prohibited such data-sharing for five years.
Consecutive to the order, Meta had argued that the CCI’s case rested solely on assumptions about potential future conduct rather than proven violations. In subsequent hearings in front of the NCLAT, Meta had also argued that the regulator had not demonstrated how limited data sharing from optional business features—such as Click-to-WhatsApp Ads—with Meta entities had adversely impacted competition in the online display advertising market.
In November 2025, the appellate tribunal (NCLAT) overturned the five-year ban on WhatsApp sharing user data with Meta Platforms for advertising purposes. The appellate tribunal upheld the monetary penalty imposed on Meta.
In its judgement, the NCLAT said that CCI’s directions to Meta to cease and desist WhatsApp from sharing user data collected on its platform within its ecosystem of companies for advertising were not sustainable.
The court recorded the statement and dismissed the interim applications as withdrawn. However, it said the main appeal challenging the validity of WhatsApp’s 2021 privacy policy will continue.
The court also directed WhatsApp to file a compliance report before the CCI, as required by the NCLAT.
However, the appellate tribunal upheld CCI’s directions on user data collected on WhatsApp with other Meta Companies or Meta Company Products for purposes other than for providing WhatsApp services, allowing users to opt-out of data sharing and mandating all future policy updates to be compliant of the requirements.
Shortly after the NCLAT verdict, CCI sought clarity from the appellate tribunal over its judgment, urging it to specify whether user consent, as per its order, is needed in cases where data is used for advertising or for non-advertising purposes.
At this point, the CCI’s appeal in this case is also pending before the SC. The regulator has asked the court to restore a five-year ban on sharing WhatsApp user data for advertising purposes.
For context, WhatsApp updated its terms of service and privacy policy in 2021, where users were told they must accept the new terms to continue using the app.
Unlike the 2016 policy, which allowed users to opt out of data sharing with Facebook, the 2021 update made data sharing with Meta mandatory.
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