Thu Nov 20 04:10:09 UTC 2025: News Article:
CCI Seeks Clarity from NCLAT on WhatsApp Data Sharing Consent
New Delhi – November 20, 2025 – India’s competition watchdog, the Competition Commission of India (CCI), has approached the National Company Law Appellate Tribunal (NCLAT) seeking clarification on a recent judgment regarding WhatsApp’s data sharing practices. The CCI wants to understand whether the order mandates user consent for data sharing, regardless of whether the data is used for advertising or non-advertising purposes.
The move comes after the NCLAT partially overturned an earlier CCI order that had banned WhatsApp from sharing user data with Meta Platforms for advertising purposes for five years. While the NCLAT upheld a ₹213 crore penalty on WhatsApp for abuse of dominance and breach of Section 4(2)(a)(i) and 4(2)(c) due to its 2021 privacy policy update, the CCI is now concerned about potential ambiguities in the ruling.
CCI counsel Samar Bansal stated that the core issue is whether user consent is required for all data usage, regardless of its purpose. He pointed out a seeming contradiction in the NCLAT order, where one section appeared to require consent for all data sharing, while another only addressed non-advertising purposes. The CCI’s application seeks to clarify whether user consent is required irrespective of whether WhatsApp shares user data with Facebook companies for advertising purposes or for non-advertising purposes.
The NCLAT’s initial order had acknowledged that cross-platform data sharing between WhatsApp and Meta could create an unfair advantage in the digital advertising market. The Tribunal has scheduled the matter for the next hearing on November 25th. The outcome of this clarification could have significant implications for WhatsApp’s data policies and user privacy in India.
First Piper 