The petition also challenges the NCLAT’s ruling, which largely supported the CCI’s decision, including the ₹213.14 crore fine. The Supreme Court has yet to set a date for a hearing.
WhatsApp’s 2021 privacy policy mandated that users either agree to data-sharing with Meta and its affiliates or stop using the messaging service. Previous policies from 2016 and 2019 allowed users to opt out while still using WhatsApp.
The CCI initiated its investigation into the “take it or leave it” privacy policy, determining that Meta and WhatsApp enforced unfair conditions, abused their dominant position, and restricted market access. It also instructed WhatsApp not to share user data with Meta for advertising for a period of five years.
The NCLAT affirmed the abuse claims and the penalty but clarified that user data should only be shared with consent, and users must have the option to opt out. However, the appellate tribunal provided partial relief by overturning the five-year data-sharing prohibition enforced by the CCI.
