WhatsApp advised the Supreme Court docket on Monday that it’s going to absolutely adjust to the Competitors Fee of India’s (CCI) instructions regarding person consent for sharing knowledge with dad or mum firm Meta below its controversial 2021 privateness coverage replace by 16 March. The submission was made earlier than a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi.
Senior advocate Kapil Sibal, showing for WhatsApp, advised the courtroom that the corporate would adhere to the instructions as modified by the Nationwide Firm Regulation Appellate Tribunal (NCLAT) in its December 2025 ruling, by which it directed Meta to implement the regulator’s safeguards inside three months. The instructions prohibit necessary knowledge sharing of WhatsApp knowledge for non-core providers, and requires WhatsApp to offer a clear opt-out possibility that enables customers to withdraw their consent at any time.
Sibal advised the courtroom that for the reason that firm has now complied with the instructions, it’s more likely to withdraw its enchantment difficult these facets of the order. He additionally positioned on document an affidavit by WhatsApp stating that it had not infringed on person privateness by sharing knowledge for promoting functions, as alleged by the regulator.
CCI’s cousel advised the courtroom that there have been a number of sides to WhatsApp’s data-sharing coverage and that the regulator would reveal how the corporate leveraged its market dominance by way of knowledge integration throughout Meta platforms. The bench recorded the submissions, directed WhatsApp to file a compliance affidavit, and deferred the matter, which is more likely to be taken up once more in April.
Lengthy-running dispute
The case arises from WhatsApp’s 2021 privateness coverage replace, which allowed sharing of person knowledge — together with cellphone numbers, gadget data and interactions with enterprise accounts — with Meta corporations, on what critics described as a “take-it-or-leave-it” foundation. The replace triggered widespread considerations about privateness and competitors, main the CCI to provoke proceedings.
In November 2024, the competitors watchdog fined Meta and WhatsApp ₹213.14 crore, holding that WhatsApp had abused its dominant place by compelling customers to just accept expanded knowledge sharing as a situation for continued entry to the platform. The CCI mentioned that the consent obtained below the coverage was coercive and detrimental to competitors.
Meta and WhatsApp challenged the order earlier than the NCLAT. In its 4 November ruling, the appellate tribunal largely upheld the CCI’s findings and penalty. Nevertheless, it put aside a five-year ban on WhatsApp sharing person knowledge with Meta corporations for promoting functions. Subsequently, the tribunal clarified that person consent can be necessary for sharing each promoting and non-advertising knowledge.
Each side then moved the Supreme Court docket, with the CCI difficult the elimination of the five-year ban and Meta contesting the findings of abuse of dominance and the high quality.
Earlier Supreme Court docket warning
Throughout a earlier listening to on 3 February, the Supreme Court docket had issued a stern warning to Meta and WhatsApp, saying they might not be allowed to share person knowledge for promoting functions below the 2021 coverage. The bench directed the businesses to file an affidavit giving a transparent enterprise that person knowledge wouldn’t be shared for promoting. It cautioned that failure to offer such an assurance may end result of their pleas being dismissed. The businesses sought time to answer the courtroom’s queries, and no last order was handed at that stage.
The case has important implications for Meta’s India operations. Its platforms, together with WhatsApp, Fb and Instagram, have almost 850 million customers between them in India, making the nation one it largest markets worldwide.
If the Supreme Court docket finally upholds the CCI’s findings and imposes strict limitations on WhatsApp sharing knowledge for promoting, it may have an effect on Meta’s data-driven enterprise mannequin in India.