WhatsApp to Comply with CCI Data-Sharing Order, Tells Supreme Court

A special bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi permitted WhatsApp and its parent company Meta Platforms to withdraw their interim applications against the CCI penalty after the companies undertook to implement the National Company Law Appellate Tribunal (NCLAT) order, which extended CCI's privacy and consent safeguards to advertising-related data sharing.

Senior advocate Kapil Sibal, appearing for WhatsApp and Meta, informed the apex court that the companies had filed an affidavit explaining their data-sharing practices and had decided not to press their plea seeking a stay of the NCLAT order.

"We don't want a stay now. We are complying with the directions," he submitted, adding that the company would ensure implementation of the appellate tribunal's directions by March 16, 2026.

Recording the submission, the CJI Surya Kant-led Bench dismissed the interim applications as not pressed, while clarifying that the main appeals challenging the validity of WhatsApp's 2021 privacy policy would remain pending before the Supreme Court.

It also directed WhatsApp to file a compliance affidavit before the CCI in terms of the NCLAT order.

In November 2025, the NCLAT upheld the CCI's finding that WhatsApp had imposed unfair conditions on users through its 2021 privacy policy and that cross-platform data sharing strengthened Meta's position in the online display advertising market.

It affirmed the Rs 213.14 crore penalty but set aside the CCI's direction imposing a five-year blanket ban on sharing WhatsApp user data for advertising purposes.

The appellate tribunal had held that once users are provided meaningful opt-in and opt-out choices, a complete prohibition on data sharing for advertising would not be warranted.

It had granted three months' time to implement the revised framework.

Meta Platforms and WhatsApp filed appeals against the NCLAT judgment affirming the CCI's penalty on WhatsApp.

In addition, the CCI filed a cross‑appeal challenging the NCLAT's decision insofar as it permitted WhatsApp to share user data for advertising purposes.

In an earlier hearing, the apex court had expressed serious concern over WhatsApp's 2021 privacy policy and the sharing of user data by Meta Platforms, observing that the platform cannot be allowed to "play with the right to privacy" of Indian users.

Agreeing to admit the appeals, the CJI-led Bench made sharp observations on the nature of the privacy policy, describing it as a "take it or leave it" arrangement that leaves consumers with no meaningful choice.

"What is the choice? You have a complete monopoly in the market, and you are saying you are giving a choice. It is either you walk out of WhatsApp, or we will share your data," the apex court had remarked.

Flagging concerns over the impact on ordinary users, the CJI‑led Bench repeatedly questioned the fairness of the privacy policy, remarking: "A poor woman selling fruits on the street -- will she understand the terms of your policy? The language is so cleverly drafted that even some of us may not understand it."

Describing the alleged data practices as deeply problematic, the Supreme Court had further observed: "This is a decent way of committing theft of private information. You cannot play with the right to privacy of this country. You are making a mockery of constitutionalism."

- IANS