Meta and WhatsApp on Monday undertook in Supreme Court to comply with National Company Law Appellate Tribunal's order extending Competition Commission of India's privacy and consent safeguards. This means that users will have greater say in sharing their data.
The companies will comply the NCLAT directions by March 16. The platforms did not press their plea seeking a stay on the NCLAT order. Senior Advocate Kapil Sibal, appearing for the platforms, said an affidavit has been filed explaining what data is shared and what is not.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi recorded the statement.
CJI Surya Kant while directing Meta to file a compliance affidavit with the directions, said “The appellants shall file a compliance affidavit with the CCI as directed by NCLAT.”
The issue began in November 2025 after the judgement of the NCLAT, where the tribunal upheld the Rs 213.14 crore penalty imposed by the CCI over WhatsApps 2021 privacy policy. It held that WhatsApp had imposed unfair conditions on users and that cross-platform data sharing enhanced Meta's advantage in online display advertising.
However, NCLAT set aside the CCI's direction imposing a five-year ban on sharing WhatsApp user data for advertising. It held that once users are given meaningful opt-in and opt-out choices, such a blanket prohibition was not warranted.
The CCI then sought clarification. It argued that although the judgment repeatedly said that any non-essential data collection or cross-use, including advertising, must be based on express and revocable consent, the operative part did not clearly extend the safeguards to advertising data.
On Dec. 15, allowing the CCI plea, the NCLAT clarified, “Remedial directions contained in Paras 247.2.1 to Paras 247.2.4 … will apply to WhatsApp user data collection and sharing for all non-WhatsApp purposes, including non-advertising and advertising purposes”
The tribunal in the judgement had granted WhatsApp three months to comply with directions.
Apart from Meta's appeals, the CCI has filed a cross-appeal challenging the setting aside of the five-year prohibition on advertising data sharing. These appeals continue to be pending before the Supreme Court.
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