WhatsApp Agrees to Comply with Indian Competition Commission's Data Sharing Orders

WhatsApp's Commitment to User Data Control

On Monday, WhatsApp informed the Supreme Court that it will adhere to the directives issued by the Competition Commission of India (CCI), which mandate that the messaging service enhance user control over data sharing with its parent company, Meta.

A panel comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi was reviewing appeals from WhatsApp contesting the CCI's ruling against its 2021 privacy policy and related proceedings at the National Company Law Appellate Tribunal.

WhatsApp expressed its intention to retract its interim application against the tribunal's November 2025 order, which enforced the CCI's November 2024 directives requiring a user consent-based framework for data sharing.

Advocate Kapil Sibal, representing WhatsApp and Meta, informed the court that an affidavit detailing their data-sharing practices had been submitted, and they plan to comply with the tribunal's orders by March 16.

The court instructed WhatsApp to submit a compliance report regarding the user data-sharing requirements as mandated by the CCI.

While the application for withdrawal was permitted, the primary appeal concerning the legitimacy of WhatsApp's 2021 policy remains unresolved.

WhatsApp is contesting the tribunal's decision, which upheld a fine of ₹213 crore imposed by the CCI due to its 2021 privacy policy.

In January 2021, WhatsApp notified users about modifications to its terms of service and privacy policy, which took effect in February 2021, stating that acceptance of the new terms was necessary to continue using the app.

The earlier privacy policy from 2016 allowed users to opt out of data sharing with Meta, whereas the revised policy made such sharing compulsory.

Following the policy changes, the CCI initiated an investigation, concluding in November 2024 that WhatsApp's new policy constituted an abuse of dominance under the 2002 Competition Act. The platform was instructed not to share user data with Meta or its products for five years.

WhatsApp and Meta subsequently appealed the ruling at the National Company Law Appellate Tribunal.

In November, the tribunal partially sided with WhatsApp, overturning the CCI's finding that Meta had exploited its dominant market position to secure its status in online display advertising.

However, the tribunal upheld the ₹213 crore penalty, prompting WhatsApp and Meta to challenge this decision in court.

The CCI's appeal is also pending, seeking the reinstatement of the five-year prohibition on sharing WhatsApp user data for advertising, which the tribunal had set aside.

On February 3, the bench criticized WhatsApp and Meta for what it termed a “take it or leave it” privacy policy, suggesting it facilitated data theft.

The court remarked that WhatsApp cannot disregard the privacy rights of Indian users.