WhatsApp tells Supreme Court it will implement CCI order on giving users greater say in sharing their data

WhatsApp on Monday told the Supreme Court that it will comply with the Competition Commission of India’s (CCI) directions that required the messaging platform to give users greater control over whether their data is shared with other Meta companies [WhatsApp Vs CCI].

It expressed that it wished to withdraw an interim application challenging the National Company Law Appellate Tribunal (NCLAT) order that called for the enforcement of such directions by the CCI on requiring a user-consent-based framework for data sharing.

A Bench comprising Chief Justice of India Surya Kant, Justices Joymalya Bagchi and Vipul Pancholi accordingly permitted WhatsApp and Meta to withdraw the applications.

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

Senior Advocate Kapil Sibal, appearing for WhatsApp and Meta, informed the Court that the company had filed an affidavit explaining its data-sharing practices and would implement the NCLAT’s clarified directions on the same within the timeline set by the appellate tribunal.

He told the Bench that WhatsApp would no longer press its interim applications seeking a stay of the directions since the company had decided to comply with them by March 16.

The Court recorded the submission and dismissed the applications as not pressed, while clarifying that the main appeal filed by WhatsApp on the validity of its 2021 privacy policy would remain pending.

The Court further directed WhatsApp to file a compliance report on the user-data-sharing directions before the CCI as required by the NCLAT.

The CCI’s appeal in the matter also remains pending before the Supreme Court. The regulator is seeking revival of a five-year ban on sharing WhatsApp user data for advertising purposes - a remedy that had been set aside by the NCLAT.

During the hearing, the CCI emphasised that the case raises competition law concerns distinct from privacy and data protection issues.

The Court also rejected an intervention application filed by an individual claiming to appear as a consumer, observing that the dispute is between the CCI and the companies and that the applicant was free to pursue remedies in accordance with the law.

In January 2021, WhatsApp informed users about updates to its terms of service and privacy policy, effective from February 8, 2021. The notification stated that users must accept the new terms to continue using the platform. Unlike the previous privacy policy from August 25, 2016, which allowed users to opt out of data sharing with Facebook, the updated policy made data sharing with Meta mandatory.

The CCI launched an investigation and, in November 2024, held that WhatsApp’s 2021 privacy policy update amounted to abuse of dominance under the Competition Act, 2002. It directed WhatsApp not to share data collected on its platforms with Meta or its products for five (5) years.

This order was challenged in NCLAT by WhatsApp and Meta. In November 2025, the NCLAT partly ruled in favour of WhatsApp by setting aside the CCI’s finding that Meta had leveraged a dominant position in the OTT messaging market to protect its position in online display advertising.

However, NCLAT upheld the ₹213.14 crore penalty imposed on WhatsApp by the competition regulator. WhatsApp and Meta approached the Supreme Court to challenge the penalty imposed on them.

On the last date of hearing, the Court strongly criticised WhatsApp and Meta (which owns WhatsApp) for the messaging platform's 'take it or leave it' privacy policy, adding that the policy appears to enable data theft.

Notably, on a clarification application moved by the CCI, the NCLAT had also restored the regulator’s user-choice safeguards and granted WhatsApp three months’ time to comply with the remedial directions. WhatsApp's application seeking a stay on this directive was withdrawn today.

Senior Advocate Mukul Rohatgi also appeared for WhatsApp.

Meta was represented by Senior Advocates Amit Sibal

Union of India was represented by Solicitor General Tushar Mehta

CCI was represented by Senior Advocate Madhavi Divan with Advocate Samar Bansal

Internet Freedom Foundation was represented by Senior Advocate Niranjan Reddy

[Live Coverage]