WhatsApp LLC Vs Competition Commission of India & Ors (NCLAT Delhi)
NCLAT Delhi held that remedial directions contained in earlier judgement will apply to WhatsApp user data collection and sharing for all non-WhatsApp purposes which includes non-advertising and advertising purposes. Accordingly, application of commission is allowed.
Facts- The application is filed by the Respondent No. 1 – Competition Commission of India seeking clarification in the conclusion drawn in paragraph 264(c) of this Appellate Tribunal’s judgment dated 04.11.2025, whereby remedial directions contained in Para 247.1 of the Applicant’s impugned order dated 18.11.2024 have been set aside and remedial directions contained in Para 247.2.1 to 247.2.4 have been upheld. It is prayed to issue directions clarifying paragraph 264(c) of this Hon’ble Tribunal’s judgment dt. 04.11.2025 to the extent that remedial directions contained in Paras 247.2.1 to Paras 247.2.4 of the Applicant’s impugned order dt. 18.11.2024 will apply to WhatsApp user data collection and sharing for all non-WhatsApp purposes, including non-advertising and advertising purposes.
Conclusion- Held that we again clarify that with such directions, we have reiterated the core principle of removal of exploitation by restoring user choice. Users must retain the right to decide what data is collected, for which purposes and for how long. Once the users have been given option freely to decide to opt in or opt out, whether data sharing for advertising purposes and other than advertising purposes, the abuse found in 2021 policy will be taken care of.
