WhatsApp tells Supreme Court it will comply with CCI directions on user consent by 16 March
WhatsApp on Monday told the Supreme Court that it will fully comply with the Competition Commission of India (CCI) directions on user consent to share data with parent company Meta under its controversial 2021 privacy policy update by March 16. The application was made before the bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi.
Senior advocate Kapil Sibal, appearing on behalf of WhatsApp, told the court that the company would comply with the directions amended by the National Company Law Appellate Tribunal (NCLAT) in its December 2025 order, in which it directed Meta to implement the regulator’s safeguards within three months. The guidelines ban mandatory data sharing of WhatsApp data for non-essential services and require WhatsApp to provide a transparent opt-out option that allows users to withdraw their consent at any time.
Sibal told the court that the company was likely to withdraw its objection to these aspects of the decision now that it had complied with the instructions. It also took note of WhatsApp’s statement stating that data sharing for advertising purposes does not violate user privacy, as claimed by the regulator.
CCI’s lawyer told the court that WhatsApp’s data sharing policy had many facets and the regulator would show how the company strengthened its market dominance through data integration across Meta platforms. The board registered the applications, directed WhatsApp to submit a declaration of compliance and postponed the matter, which was expected to be taken up again, possibly in April.
long-standing dispute
The case stems from WhatsApp’s 2021 privacy policy update that allowed user data, including phone numbers, device information and interactions with business accounts, to be shared with Meta companies in what critics described as a “take it or leave it” approach. The update triggered widespread concerns about privacy and competition, prompting CCI to file a lawsuit.
In November 2024, competition watchdog fined Meta and WhatsApp ₹213.14 crore, stating that WhatsApp abused its dominant position by forcing users to accept expanded data sharing as a condition for continued access to the platform. CCI said the approval obtained under the policy was coercive and detrimental to competition.
Meta and WhatsApp challenged the decision before the NCLAT. In its decision on November 4, the appeals court largely upheld the CCI’s findings and sentence. However, it lifted a five-year ban on WhatsApp sharing user data with Meta companies for advertising purposes. Later, the court announced that user consent would be mandatory for sharing both advertising and non-advertising data.
Both parties then appealed to the Supreme Court; CCI objected to the lifting of the five-year ban, while Meta objected to abuse of dominance and fine.
Warning before the Supreme Court
In the previous hearing on February 3, the Supreme Court had issued a stern warning to Meta and WhatsApp, saying that they cannot be allowed to share user data for advertising purposes under the 2021 policy. The Board instructed companies to make a statement giving a clear commitment that user data will not be shared for advertising purposes. It warned that failure to provide such assurance could result in the defenses being rejected. The companies asked for time to respond to the court’s questions and no final decision has been made at this stage.
The case has significant implications for Meta’s India operations. Platforms including WhatsApp, Facebook and Instagram have around 850 million users in India, making the country one of the largest markets globally.
If the Supreme Court ultimately upholds the CCI’s findings and imposes strict limits on WhatsApp’s data sharing for advertising purposes, it could impact Meta’s data-driven business model in India.
