WhatsApp tells Supreme Court it will comply with CCI directions on user consent by 16 March

WhatsApp told the Supreme Court on Monday that it will fully comply with the Competition Commission of India’s (CCI) directions relating to user consent for sharing data with parent company Meta under its controversial 2021 privacy policy update by 16 March. The submission was made before a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi.

Senior advocate Kapil Sibal, appearing for WhatsApp, told the court that the company would adhere to the directions as modified by the National Company Law Appellate Tribunal (NCLAT) in its December 2025 ruling, in which it directed Meta to implement the regulator’s safeguards within three months. The directions prohibit mandatory data sharing of WhatsApp data for non-core services, and requires WhatsApp to provide a transparent opt-out option that allows users to withdraw their consent at any time.

Sibal told the court that since the company has now complied with the directions, it is likely to withdraw its appeal challenging those aspects of the order. He also placed on record an affidavit by WhatsApp stating that it had not infringed on user privacy by sharing data for advertising purposes, as alleged by the regulator.

CCI's cousel told the court that there were multiple facets to WhatsApp’s data-sharing policy and that the regulator would demonstrate how the company leveraged its market dominance through data integration across Meta platforms. The bench recorded the submissions, directed WhatsApp to file a compliance affidavit, and deferred the matter, which is likely to be taken up again in April.

Long-running dispute

The case arises from WhatsApp’s 2021 privacy policy update, which allowed sharing of user data — including phone numbers, device information and interactions with business accounts — with Meta companies, on what critics described as a “take-it-or-leave-it” basis. The update triggered widespread 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 as a condition for continued access to the platform. The CCI said that the consent obtained under the policy was coercive and detrimental to competition.

Meta and WhatsApp challenged the order before the NCLAT. In its 4 November ruling, the appellate tribunal largely upheld the CCI’s findings and penalty. However, it set aside a five-year ban on WhatsApp sharing user data with Meta companies for advertising purposes. Subsequently, the tribunal clarified that user consent would be mandatory for sharing both advertising and non-advertising data.

Both sides then moved the Supreme Court, with the CCI challenging the removal of the five-year ban and Meta contesting the findings of abuse of dominance and the fine.

Earlier Supreme Court warning

During a previous hearing on 3 February, the Supreme Court had issued a stern warning to Meta and WhatsApp, saying they could not be allowed to share user data for advertising purposes under the 2021 policy. The bench directed the companies to file an affidavit giving a clear undertaking that user data would not be shared for advertising. It cautioned that failure to provide such an assurance could result in their pleas being dismissed. The companies sought time to respond to the court’s queries, and no final order was passed at that stage.

The case has significant implications for Meta’s India operations. Its platforms, including WhatsApp, Facebook and Instagram, have nearly 850 million users between them in India, making the country one it largest markets worldwide.

If the Supreme Court ultimately 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.