Meta and WhatsApp must comply with regulations in India regarding the transparent sharing of user data and the option to opt out. Although the appellate tribunal overturned the five-year ban on the use of such data for advertising, it upheld the fine of 2.1 billion rupees and the antitrust regulator’s core requirements.
Briefly about the main points
- The NCLAT has lifted the five-year ban on the sharing of data for advertising purposes.
- The 2.1 billion rupee fine imposed on Meta remains in force.
- WhatsApp should give users a choice regarding the sharing of their data.
- Consent to data sharing must not be a condition of access to the messaging service.
- Meta has promised to comply with the requirements by 16 March 2026.
What the Indian regulators and courts have decided
In November 2024, the Competition Commission of India (CCI) concluded that Meta abused its dominant position through WhatsApp’s 2021 privacy policy. The regulator considered that users were offered a «take it or leave it» choice, with no option to opt out of data sharing with other Meta companies.
The CCI has fined the company 2.1 billion rupees and banned it from transferring data for five years WhatsApp to other Meta companies for advertising purposes. Meta has appealed against the decision, warning that a broad interpretation of the ban could force it to scale back or suspend certain products and features.
On 4 November 2025, the National Corporate Law Appellate Tribunal (NCLAT) of India quashed the five-year ban specifically. However, it did not quash the main part of the CCI’s decision and upheld the fine.
Which WhatsApp rules are still in force?
Following clarification by the NCLAT in December 2025, the CCI’s regulations now also apply to data that may be used for advertising purposes. WhatsApp must clearly explain exactly what data is being shared, the purpose for which it is being used, and must also provide users with the ability to manage their permissions.
Data sharing cannot be a mandatory condition for using WhatsApp’s basic service. In February 2026, Meta and WhatsApp withdrew their application to the Supreme Court of India seeking a temporary stay on these requirements and stated that they would comply with them by 16 March. The court ordered the companies to submit a sworn statement to the CCI confirming compliance.
The dispute does not concern the content of private messages. The court documents refer, in particular, to telephone numbers, transaction data, interactions with businesses, device information and IP addresses. WhatsApp has stated that personal messages are protected by end-to-end encryption and are not shared with Meta.
Implications for advertising and businesses
During the appeal, Meta argued that the ban on data sharing would limit the personalisation of adverts in Facebook and Instagram. As an example, the company cited the Indian fashion industry, which could lose the opportunity to display adverts based on customer interactions with it on WhatsApp.
The lifting of the absolute five-year ban has reduced the risk of such advertising tools being completely phased out. However, the legal precedent has established a different model: data sharing must depend on the user’s informed choice, rather than on the automatic acceptance of the terms and conditions for accessing the messaging service.
For companies that communicate with customers via WhatsApp, the practical implications will depend on how Meta implements the consent mechanism. Meta and WhatsApp’s main appeals regarding the substance of the dispute are still pending before the Supreme Court of India.
