New Delhi (Gurpreet Singh): In a significant concession regarding digital privacy in India, Meta Platforms Inc. and its subsidiary WhatsApp informed the Supreme Court on Monday that they will comply with the National Company Law Appellate Tribunal’s (NCLAT) directions. This commitment ensures that the tech giants will adhere to privacy and consent guidelines issued by the Competition Commission of India (CCI), specifically concerning the sharing of user data for advertising purposes.
The matter was heard by a Bench led by Chief Justice of India Surya Kant, alongside Justices Joymalya Bagchi and Vipul M. Pancholi. The court was deliberating on appeals filed by Meta and WhatsApp against an NCLAT ruling from December 2025. Senior counsel Kapil Sibal, representing the companies, stated that the tech giants have decided to implement the NCLAT’s directives by March 16. Consequently, the Bench dismissed the applications seeking a stay on the previous orders, while requiring a formal compliance report to be filed.
The legal battle stems from a long-standing investigation by the CCI into WhatsApp’s privacy policy. In late 2025, the CCI had imposed a penalty of ₹213.14 crore on the companies, citing concerns over how user data was shared across Meta’s various platforms. While the NCLAT had previously set aside a five-year ban on data sharing for advertising, it upheld the significant fine and later clarified that strict consent safeguards must apply to all forms of data collection.
The Supreme Court has taken a particularly firm stance on the issue. Earlier this month, the Bench remarked that tech companies “cannot play with the right to privacy” in the name of data sharing. The judges expressed concern that Indian users often act as “silent and digitally dependent customers” who may not fully grasp the implications of complex data policies. The court’s primary focus remains the lack of a clear “opt-out” mechanism for users who do not wish to have their personal information utilized for targeted advertising.
While the main appeals regarding the penalty and broader policy implications remain pending, the March 16 deadline marks a pivotal moment for data regulation in India. The CCI has been directed to examine the companies’ updated affidavits regarding their privacy policies to ensure they align with the constitutional right to privacy and fair competition standards.
