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WhatsApp to Comply with CCI Data Sharing Norms by March 16, Meta Tells SC

WhatsApp and Meta have informed the Supreme Court they will implement user-consent frameworks for data sharing by March 16, 2026

WhatsApp to Comply with CCI Data Sharing Norms
Summary
  • WhatsApp agreed to implement a user-consent-based framework for Meta data sharing by March 16

  • SC recorded WhatsApp's withdrawal of interim pleas, upholding the ₹213 crore CCI penalty

  • A potential five-year advertising ban remains under review as the CCI appeals for stronger market protections

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Messaging platform WhatsApp told the Supreme Court of India (SC) that it will comply with the Competition Commission of India’s (CCI) directions requiring user consent before sharing data with other Meta companies, Bar and Bench reported.

The social media platform reportedly said it will withdraw an interim application challenging the National Company Law Appellate Tribunal (NCLAT) order that enforced those directions. A three-judge Bench of the Court, Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi, allowed WhatsApp and Meta to withdraw the applications.

The Court was reportedly hearing appeals arising from the CCI’s action against WhatsApp’s 2021 privacy policy and the subsequent proceedings before the NCLAT.

Senior advocate Kapil Sibal reportedly told the Bench that WhatsApp filed an affidavit explaining its data-sharing practices and would implement the NCLAT’s clarified directions within the timeline set by the tribunal. He added the company would not press interim applications seeking a stay and had agreed to comply by March 16.

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The Court recorded the submission, dismissed the interim applications as not pressed and kept WhatsApp’s main appeal against the validity of its 2021 privacy policy pending.

It also directed WhatsApp to file a compliance report on the user-data-sharing directions before the CCI, as required by the NCLAT.

Ban on WhatsApp Advertisements

The CCI’s separate appeal remains pending: the regulator seeks revival of a five-year ban on sharing WhatsApp user data for advertising, a remedy set aside by NCLAT.

The CCI emphasised that the case raises competition-law concerns distinct from privacy and data-protection issues. The Court rejected an intervention application from an individual who claimed to appear as a consumer, noting the dispute is between the CCI and the companies and that private remedies remain available.

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What is the Case About?

In January 2021 WhatsApp updated its terms and privacy policy, requiring users to accept new terms to continue using the platform; unlike the August 2016 policy, the 2021 update removed an opt-out for sharing data with Facebook/Meta.

In November 2024 the CCI found that update an abuse of dominance and directed a five-year bar on data-sharing. NCLAT later set aside parts of CCI’s findings in November 2025 but upheld a ₹213.14 crore penalty.

On the last hearing date the Court sharply criticised WhatsApp and Meta for a “take it or leave it” policy that, the judges said, appears to enable data misuse and promptly comply.