Meta, WhatsApp Undertakes To Comply With NCLAT Order Extending CCI's Privacy Safeguards To Advertising Data By March 16
WhatsApp and Meta on Monday told the Supreme Court that they will comply with the National Company Law Appellate Tribunal's directions extending CCI's privacy and consent safeguards initially applicable to non-advertising data to advertising-related data sharing. They did not press their plea seeking a stay.
Senior Advocate Kapil Sibal, appearing for the platforms, said an affidavit has been filed explaining what data is shared and what is not. He told the court the companies will comply with the NCLAT directions by March 16. “We don't want stay now,” he submitted.
The bench led by Chief Justice of India Surya Kant and comprising Justice Joymalya Bagchi and Justice Vipul Pancholi recorded the statement.
“These applications essentially seek a direction for stay of the impugned judgment of the NCLAT to the extent it approves the direction issued by the Competition Commission of India directing Meta to comply with the impugned directions contained in the NCLAT order dated 15th December 2025, containing certain directions issued to Meta. It is undertaken by Sri Kapil Sibal, learned senior counsel for the appellant, that since the appellants have decided to implement and comply with the directions issued by NCLAT, they will do needful by 16th March 2026, he does not want to press these applications.”
“Both the applications are dismissed as not pressed for, however, without prejudice to the issues in the main appeal.”, the court added.
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 matter arises from the November 2025 judgment of the National Company Law Appellate Tribunal. In that judgment, the tribunal upheld the Rs.213.14 crore penalty imposed by the CCI over WhatsApp's 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, the tribunal 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.
Allowing the plea on December 15, 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 granted WhatsApp three months to comply.
Apart from the companies' appeals, the CCI has filed a cross-appeal challenging the setting aside of the five-year prohibition on advertising data sharing. Those appeals remain pending before the Supreme Court.