Data Sharing
NCLAT sets aside CCI order asking WhatsApp not to share user data with Meta
This story was originally published at 16:59 IST on 4 November 2025
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--NCLAT partially upholds CCI fine on Meta, WhatsApp in privacy policy case
--NCLAT junks order that Meta abused dominant position in OTT messaging apps
--NCLAT junks order asking WhatsApp not to share user data with Meta for 5 yrs
NEW DELHI – The National Company Law Appellate Tribunal Tuesday set aside the Competition Commission of India's order asking WhatsApp LLC. to not share user data collected on its platform with Meta Platforms Inc. or other Meta companies for advertising purposes, for a period of five years. The appellate tribunal rejected the antitrust regulator's finding that Meta had engaged in leveraging its dominance in over-the-top messaging applications through smartphones to protect its position in the online display advertising market and the same was in contravention of the Competition Act, 2002.
Further, the appellate tribunal partially upheld the Competition Commission of India's November 2024 order to impose a penalty of INR 2.1 billion on Meta for abusing its dominant position in the case related to WhatsApp LLC.'s 2021 privacy policy. A detailed order is awaited.
The case dates back to January 2021 when WhatsApp updated its terms of service and privacy policies. According to the notification, WhatsApp users were required to accept new terms, including expanded scope of data collection, as well as mandatory data sharing with Meta companies, to continue using WhatsApp.
Under the previous privacy policy from 2016, WhatsApp users were given the option to decide whether they wanted to share their data with Facebook. However, with the latest policy update in 2021, WhatsApp made data-sharing with Meta mandatory for all users, removing the earlier option to opt out. This meant users had to accept the new terms, which included data sharing with Meta, to continue using the platform.
In its order, the Competition Commission had earlier said that Meta group, operating through WhatsApp, was found to be dominant in the market for over-the-top messaging apps through smartphones in India. It was found that Meta held a leading position compared to its competitors in online display advertising in India, the commission had said. End
Reported by Surya Tripathi
Edited by Nishant Maher
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