Meta and WhatsApp have informed the Supreme Court that they will comply with the National Company Law Appellate Tribunal’s (NCLAT) directions regarding data privacy and consent.
During a hearing on 23 February, the platforms stated that the companies would implement the required safeguards by March 16, 2026, and would not be pursuing a stay on the order.
The Bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice Vipul M Pancholi ordered, “These applications essentially seek a stay of the impugned judgment of NCLAT. To the extent it approves directions approved by NCLAT dated 15 December 2025. It is stated by Sibal that, since the Appellants have decided to implement and comply with directions and will do the needful by March 16, he does not want to press the application. Both the applications are accordingly as not pressed for without prejudice to the main appeal. The appellant shall file a compliance affidavit with CCI as directed by NCLAT…Post the matters after March 16 at 2 PM.”
Senior Advocate Kapil Sibal appeared for WhatsApp and Meta, while Senior Advocate Madhavi Diwan appeared for CCI.
Sibal submitted, ” There is no question of violating any law…CCI has appealed saying they should be advertisements for WhatsApp for 5 years. NCLAT set that direction aside.”
The Court recorded the companies’ undertaking to comply and subsequently dismissed their applications for a stay. It was directed that they should file a formal compliance affidavit with the CCI.
Background On February 3, 2026, the Supreme Court slammed ‘Meta’ and ‘WhatsApp’ for their data-sharing policies, describing the current market dynamic as a “decent way of committing theft” of private information, and said that it would not permit the exploitation of Indian citizens’ personal data.
While hearing appeals against a ₹213.14 crore penalty imposed by the Competition Commission of India (CCI), the Court remarked that such a privacy policy is a “mockery of constitutionalism.”
The Court emphasized that because the platform holds a complete monopoly, the choice offered to users is not a true choice but rather a “take-it-or-leave-it” agreement akin to a contract between a “Lion and a Lamb.”
In January 2021, the Commission took suo motu cognisance of certain media reports stating that WhatsApp has updated its privacy policy and terms of service for its users. It was inter alia reported that the new policy makes it mandatory for the users to accept the terms and conditions in order to retain their WhatsApp account information and provides as to how it will share personalised user information with Meta and its subsidiaries.
With respect to sharing of WhatsApp user data for purposes other than advertising, the CCI gave the following directions: “247.2.1 WhatsApp’s policy should include a detailed explanation of the user data shared with other Meta Companies or Meta Company Products.
This explanation should specify the purpose of data sharing, linking each type of data to its corresponding purpose…
247.2.2 Sharing of user data collected on WhatsApp with other Meta Companies or Meta Company Products for purposes other than for providing WhatsApp services shall not be made a condition for users to access WhatsApp Service in India…
247.2.3 In respect of sharing of WhatsApp user data for purposes other than for providing WhatsApp Services, all users in India (including users who have accepted 2021 update) will be provided with:
a) the choice to manage such data sharing by way of an opt-out option prominently through an in-app notification;
b) the option to review and modify their choice with respect to such sharing of data through a prominent tab in settings of WhatsApp application.”
The Commission also directed that the parties cease and desist from indulging in anti-competitive practices that have been found to be in contravention of the provisions of Section 4 of the Act.
The Commission also held Meta to be dominant in the first relevant market.
Furthermore, Meta was found to be in contravention of the provisions of Section 4 of the Act. Accordingly, the matter is now listed for a further date in March 2026.
