WhatsApp Tells SC It Will Follow CCI Data Sharing Directions

February 23, 2026

New Delhi: Messaging platform WhatsApp on Monday informed the Supreme Court of India that it will comply with the directions issued by the Competition Commission of India> (CCI) requiring the platform to provide users greater control over whether their data is shared with other Meta companies.

A special bench of Chief Justice of India Surya Kant, along with 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-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.

NCLAT Upheld Rs 213 Crore Penalty

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 Platforms 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 held that once users are given meaningful opt-in and opt-out choices, a complete prohibition on data sharing for advertising would not be required. It granted three months’ time to implement the revised framework.

Appeals and Cross-Appeals Filed

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

At the same time, the CCI filed a cross-appeal challenging the NCLAT’s decision allowing WhatsApp to share user data for advertising purposes under revised safeguards.

SC Raised Concerns Over 2021 Privacy Policy

During earlier hearings, the Supreme Court expressed serious concern over WhatsApp’s 2021 privacy policy and the sharing of user data, observing that the platform cannot be allowed to “play with the right to privacy” of Indian users.

The Bench described the policy as a “take it or leave it” arrangement, questioning the fairness of offering users the option to either accept the terms or leave the platform.

Flagging concerns about ordinary users, the court remarked that even well-educated individuals may struggle to understand the policy language, calling the alleged data practices deeply problematic and a matter affecting constitutional rights.