In a significant legal shift, Meta Platforms Inc. has informed the Supreme Court of India that it will comply with the Competition Commission of India’s (CCI) directives regarding user consent. The tech giant, which owns the ubiquitous messaging platform WhatsApp, has committed to rolling out a new data-sharing architecture by March 16, 2026. This move effectively ends the “take-it-or-leave-it” approach that sparked national controversy following WhatsApp’s 2021 privacy policy update.
The commitment came during a hearing before a bench led by Chief Justice of India Surya Kant. Senior Advocate Kapil Sibal, representing Meta and WhatsApp, stated that the company would implement the user-choice framework as mandated by the National Company Law Appellate Tribunal (NCLAT). Under this new regime, Indian users will finally have the power to opt-in or opt-out of sharing their data with other Meta-owned entities, such as Facebook and Instagram, for purposes beyond the core functionality of WhatsApp.
The dispute dates back to January 2021, when WhatsApp announced a policy update that made data sharing with Meta companies mandatory for all users in India. Unlike European users, who were protected by GDPR, Indian users were given no choice but to accept the terms or lose access to their accounts. This led the CCI to launch a probe into Meta’s alleged abuse of market dominance.
In November 2024, the CCI imposed a staggering ₹213.14 crore (approx. $25.4 million) penalty on Meta. The regulator found that the forced data sharing created unfair barriers for competitors in the online display advertising market. While the NCLAT later upheld the fine, it modified a proposed five-year blanket ban on data sharing, replacing it with the requirement for explicit, granular user consent.
Prior to Meta’s decision to comply, the Supreme Court had issued a sharp rebuke to the company. The bench described the mandatory data sharing as a “mockery of constitutionalism” and likened the exploitation of “silent consumers” to a polite form of data theft. The court emphasized that in a market where WhatsApp holds a virtual monopoly, users must not be coerced into sacrificing their privacy.
By agreeing to the March 16 deadline, Meta has withdrawn its interim pleas seeking a stay on these directions. However, the core challenge against the ₹213 crore penalty remains pending. The company must now file a compliance report with the CCI to prove that the new opt-out tools are prominent, transparent, and easy for the average user to navigate.
Starting mid-March, WhatsApp users in India can expect:
- Granular Controls: Clear options to manage how their data is shared for advertising and non-core services.
- Revocable Consent: The ability to withdraw previously given consent at any time through the app settings.
- Service Continuity: Assurance that declining data sharing for non-essential purposes will not result in account suspension.
- Enhanced Transparency: A detailed explanation of exactly what data is shared and for what specific purpose.
Key Highlights:
- Compliance Deadline: Meta has pledged to the Supreme Court to implement the CCI’s user-consent directions for WhatsApp by March 16, 2026.
- End of Mandatory Sharing: Indian users will gain the right to opt out of data sharing with other Meta platforms for advertising and non-service purposes.
- Financial Penalty: The legal battle stems from a ₹213.14 crore fine imposed by the CCI for anti-competitive practices related to the 2021 privacy update.
- Judicial Pressure: The move follows a stern warning from the Supreme Court, which criticized the “take-it-or-leave-it” policy as an abuse of market monopoly.