WhatsApp to Comply with CCI Directions on User Consent by 16 March Deadline

Compliance Update in WhatsApp-CCI Dispute

On 16 March, WhatsApp is expected to fully comply with the Competition Commission of India's (CCI) directions regarding user consent for sharing data with parent company Meta under its 2021 privacy policy update.

The submission was made to a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi. WhatsApp, represented by senior advocate Kapil Sibal, will adhere to the directions as modified by the National Company Law Appellate Tribunal (NCLAT) in its December 2025 ruling. The directions prohibit mandatory data sharing of WhatsApp data for non-core services and require a transparent opt-out option.

Key Developments

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• WhatsApp's compliance with the CCI directions will likely result in the withdrawal of its appeal challenging those aspects of the order.
• An affidavit by WhatsApp states that it had not infringed on user privacy by sharing data for advertising purposes.
• The CCI will demonstrate how WhatsApp leveraged its market dominance through data integration across Meta platforms.

Background

The case arises from WhatsApp's 2021 privacy policy update, which allowed sharing of user data with Meta companies. The update triggered concerns about privacy and competition, leading the CCI to initiate proceedings. In November 2024, the competition watchdog fined Meta and WhatsApp ₹213.14 crore, holding that WhatsApp had abused its dominant position by compelling users to accept expanded data sharing.

Implications

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The case has significant implications for Meta's India operations, with nearly 850 million users between its platforms, including WhatsApp, Facebook, and Instagram, in India. If the Supreme Court upholds the CCI's findings and imposes strict limitations on WhatsApp sharing data for advertising, it could affect Meta's data-driven business model in India.