WhatsApp, Meta assure SC of compliance with NCLAT order on data privacy rules

Meta Platforms Inc. and WhatsApp told the Supreme Court that they will comply with directions of the National Company Law Appellate Tribunal (NCLAT) extending Competition Commission of India (CCI) privacy and consent safeguards to advertising-related data, even as their legal challenge remains pending, PTI reported.A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi was hearing appeals filed by the tech giants against the NCLAT’s directions issued in December last year. The court is also examining a cross-appeal by the CCI challenging the tribunal’s decision allowing continued sharing of user data for advertising purposes.Taking note of submissions by senior counsel Kapil Sibal, appearing for WhatsApp, that the appellants had decided to implement the tribunal’s directions by March 16, the bench dismissed applications seeking a stay on the NCLAT order while keeping broader issues open for adjudication.“These applications essentially seek a direction for a stay of the impugned judgment of the NCLAT to the extent it approves the direction issued by the CCI directing Meta to comply with the impugned directions contained in the NCLAT order dated December 15, 2025, containing certain directions issued to Meta,” the CJI said, PTI quoted.The court clarified that dismissal of the pleas would be “without prejudice” to issues raised in the main appeal and directed the companies to file a compliance report.

“Meanwhile, the appellants' affidavit regarding the privacy policy may be examined by the CCI and a response be placed on record,” the CJI said.The apex court is hearing appeals against a CCI order that imposed a penalty of Rs 213.14 crore on the companies over WhatsApp’s privacy policy.Earlier, on February 3, the court had sharply criticised the firms, stating they cannot “play with the right to privacy of citizens in the name of data sharing”, and accused them of creating a monopoly and committing theft of customers’ private information.Decrying WhatsApp’s privacy policy, the court referred to “silent customers”, describing them as unorganised, digitally dependent and unaware of implications of data-sharing policies, and said, “We will not allow the rights of any citizen of this country to be damaged.”On November 4, 2025, the NCLAT set aside part of the CCI order that had barred WhatsApp from sharing data with Meta for advertising purposes for five years but retained a Rs 213-crore penalty on the social media platform.The tribunal later clarified that its ruling on privacy and consent safeguards would apply to user data collection and sharing beyond WhatsApp services, including both advertising and non-advertising purposes.