Archive · 16 Dec 2025
NCLAT Clarifies WhatsApp Must Take User Consent for All Data Sharing
The National Company Law Appellate Tribunal (NCLAT) has clarified that WhatsApp must take user consent before sharing any data, not just for advertising.
This is because the previous policy was seen as forcing users to accept data sharing or lose access to the service.
The tribunal gave WhatsApp three months to make the necessary changes.
WhatsApp argued that the changes would be complex, but the tribunal stood by its decision.
The issue started with a fine imposed on WhatsApp and its parent company Meta for a privacy policy update that was deemed exploitative and exclusionary.
The tribunal emphasized that users should have the choice to opt in or out of data sharing at any stage.
NCLAT clarified that WhatsApp must take user consent for all data sharing, not just for advertising.
The tribunal gave WhatsApp three months to comply with the directive.
WhatsApp's 2021 privacy policy was deemed to rely on coerced consent, forcing users to accept data sharing or lose access.
The CCI had imposed a ₹213.14 crore fine on Meta Platforms and WhatsApp over the 2021 privacy policy update.
The tribunal rejected WhatsApp's argument that the earlier judgment was clear and needed no clarification.
- Who
- National Company Law Appellate Tribunal (NCLAT) and WhatsApp
- What
- Clarification on user consent for data sharing by WhatsApp
- When
- Monday (specific date not mentioned)
- Where
- India
- Why
- To resolve confusion over the scope of the tribunal's 4 November ruling
- Date of Clarification
- Monday (specific date not mentioned)
- Tribunal
- National Company Law Appellate Tribunal (NCLAT)
- Bench Leader
- Justice Ashok Bhushan
- Compliance Time
- 3 months
- Original Fine
- ₹213.14 crore
- Section of Competition Act
- Section 4(2)(e)