A significant legal confrontation over privacy rights, data control, and the operational models of major technology companies is unfolding in India, centered on WhatsApp’s 2021 privacy policy. This case is not just about one app’s terms of service—it raises fundamental questions about user privacy, consumer choice, and how dominant digital platforms should be regulated in the world’s second-largest internet market.
WhatsApp, owned by Meta (formerly Facebook), stands as India’s most popular messaging application, boasting approximately 853 million users. Its immense popularity makes it a critical player in India’s digital ecosystem, and consequently, a focal point for regulators and the judiciary concerned about protecting users’ privacy and ensuring fair competition.
The controversy began in January 2021, when WhatsApp updated its privacy policy in a way that mandated users to share their data with Meta’s family of companies to continue using the app. This “take it or leave it” approach sparked widespread criticism from both users and regulators. Unlike the previous 2016 privacy policy, which allowed users to opt out of data sharing for advertising purposes, the new terms offered no such choice, effectively compelling acceptance as a condition for access.
India’s Competition Commission (CCI), the country’s antitrust watchdog, launched an investigation into WhatsApp’s updated policy in March 2021. The CCI alleged that Meta was abusing WhatsApp’s dominant market position by forcing data-sharing in a manner that was “exploitative and exclusionary.” The watchdog argued this practice stifled fair competition by denying rival platforms equitable access to advertising markets, leveraging WhatsApp’s overwhelming user base as a competitive weapon.
In November 2024, after an extensive inquiry, the CCI levied a $25 million fine on Meta for abusing its dominance in the Indian market. Alongside the financial penalty, the commission imposed behavioral remedies designed to rein in WhatsApp’s data-sharing practices. The order prohibited WhatsApp from sharing user data with Meta companies for five years and instructed the platform to clearly specify the purposes of any data-sharing in its privacy policy. These measures aimed to empower users with greater control over their personal data and prevent Meta from using WhatsApp’s position to unfairly benefit its advertising business.
Meta and WhatsApp challenged the CCI’s order before a company law tribunal. While the tribunal confirmed the fine, it temporarily stayed the five-year ban on data sharing, allowing WhatsApp to continue its existing practices pending further legal review. In January 2026, Meta and WhatsApp escalated their challenge to the Supreme Court of India, seeking to overturn the fine and the imposed restrictions.
The Supreme Court has taken a firm stance on the matter. During hearings held earlier this year, justices expressed strong disapproval of WhatsApp’s “take it or leave it” policy, describing it as a form of “theft of private information.” The court underscored the importance of privacy as a fundamental right guaranteed under the Indian Constitution, warning that neither WhatsApp nor Meta could “play with” this right or treat it lightly. The judges voiced concern about users’ personal communications being exploited for targeted advertising, emphasizing the need for a consent-based framework governing data sharing.
In response, WhatsApp submitted an affidavit to the Supreme Court, pledging to comply with the CCI’s orders by March 16. The affidavit, reviewed by the BBC, outlined measures WhatsApp intends to implement to enhance user control over data sharing. These include notifying users with clear options to opt out of data sharing with Meta entities, and providing a prominent tab within the app’s settings where users can review or modify their privacy choices. WhatsApp asserted that sharing user data for purposes other than providing core WhatsApp services would not be a mandatory condition for using the app in India.
Additionally, WhatsApp clarified that it does not share user data with Meta for advertising unless users explicitly opt into optional features that require such data sharing. This distinction is important because it suggests the company is willing to let users enjoy the messaging service without compulsory data harvesting for advertising purposes.
The affidavit also mentioned WhatsApp’s preparations to align with India’s forthcoming digital data protection law. This new legislation aims to enhance privacy protections and establish clearer rules for data handling, though it has faced criticism and legal challenges. Some petitioners argue it threatens freedoms of information and speech, raising fears of potential misuse for government surveillance. The Supreme Court is scheduled to hear these challenges in a five-judge bench later this year.
The ongoing legal proceedings have sparked a broader debate