New Delhi, Feb 23 (NationPress) On Monday, the messaging service WhatsApp informed the Supreme Court that it is willing to adhere to the directives laid out by the Competition Commission of India (CCI). These directives require WhatsApp to grant users enhanced control regarding the sharing of their data with other Meta entities.

A specialized bench comprising Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi, allowed WhatsApp and its parent company, Meta Platforms, to withdraw their interim applications contesting the CCI penalty. This withdrawal came after the companies committed to executing the National Company Law Appellate Tribunal (NCLAT) order, which broadened the CCI's privacy and consent protections to cover data sharing connected to advertising.

Senior counsel Kapil Sibal, representing WhatsApp and Meta, informed the apex court that the firms had submitted an affidavit detailing their data-sharing procedures. He also noted that they would not pursue their request for a stay on the NCLAT order.

"We are not seeking a stay at this time. We are committed to following the directives," he stated, assuring that the company aims to implement the appellate tribunal’s requirements by March 16, 2026.

Recording this statement, the CJI Surya Kant-led bench dismissed the interim applications as not pressed, while clarifying that the primary appeals questioning the validity of WhatsApp’s 2021 privacy policy would remain under consideration by the Supreme Court.

Additionally, the bench instructed WhatsApp to submit a compliance affidavit to the CCI in line with the NCLAT ruling.

In November 2025, the NCLAT upheld the CCI's determination that WhatsApp had imposed unjust conditions on users through its 2021 privacy policy, also concluding that cross-platform data sharing fortified Meta’s standing in the online display advertising sector.

The tribunal confirmed the penalty of Rs 213.14 crore but annulled the CCI’s directive to impose a five-year comprehensive ban on sharing WhatsApp user data for advertising purposes.

The appellate tribunal determined that as long as users are provided with meaningful opt-in and opt-out options, a complete ban on data sharing for advertising is not necessary.

It granted a three-month period to implement the updated framework.

Meta Platforms and WhatsApp subsequently filed appeals against the NCLAT ruling affirming the CCI’s penalty.

Moreover, the CCI filed a cross-appeal contesting the NCLAT’s ruling that allowed WhatsApp to share user data for advertising purposes.

In a previous session, the apex court had voiced significant concerns regarding WhatsApp’s 2021 privacy policy and Meta Platforms' data sharing practices, indicating that the platform cannot be permitted to "manipulate the right to privacy" of Indian users.

Agreeing to hear the appeals, the CJI-led bench made pointed remarks about the privacy policy, characterizing it as a "take it or leave it" situation that leaves consumers with little to no genuine choice.

"What options do users have? You have a total monopoly in the market, and you claim to be offering a choice. It’s either you exit WhatsApp or we share your data," the apex court remarked.

Expressing concerns about the repercussions for average users, the CJI-led bench repeatedly questioned the fairness of the privacy policy, commenting: "A woman selling fruits on the street—would she be able to comprehend your policy’s terms? The language is so cleverly crafted that even some of us may not grasp it."

Describing the alleged data practices as extremely troubling, the Supreme Court further noted: "This is a sophisticated way of stealing private information. You cannot toy with the right to privacy in this country. You are making a mockery of constitutionalism."