CCI Seeks Clarity From NCLAT on Whether WhatsApp Privacy Safeguards Also Cover Advertising Data

The Competition Commission of India asked the NCLAT to clarify whether the privacy protections upheld in its November ruling, including detailed disclosure and genuine opt-in/opt-out consent, also apply when WhatsApp shares user data with Meta for advertising.

The tribunal had removed the earlier five-year ban on using WhatsApp data for ads but kept strict safeguards for non-service-related sharing.

The CCI argues that the judgment treats user consent as a single guiding standard, meaning advertising data should not be exempt.

Meta and WhatsApp oppose the request, saying the order is unambiguous and any challenge must be through review, not clarification.

[WhatsApp LLC v CCI; Meta Platforms Inc. v CCI]