NCLAT Upholds CCI’s Opt-Out Provision for WhatsApp’s 2021 Privacy Policy

The NCLAT upheld the Competition Commission of India's (CCI) directive allowing WhatsApp users to opt out of data sharing under its 2021 privacy policy. 

It stayed the ₹213.14 crore penalty imposed on Meta and WhatsApp and a five-year data-sharing ban. It maintained requirements to clarify data usage, provide opt-out options, and ensure policy transparency. 

Meta and WhatsApp argued that the CCI lacked jurisdiction due to the pending Supreme Court review, but NCLAT ruled that the CCI could investigate. 

Acknowledging potential overlap with the Digital Personal Data Protection Act 2023, NCLAT allowed modifications based on the law's implementation. 

The case resumes on March 17.