The Competition Commission of India (CCI) issued an order under Section 27 of the Competition Act, 2002, directing WhatsApp to restrict data sharing with Meta companies for advertising purposes for five years, starting November 18, 2024, and to regulate data sharing for other purposes. This order stemmed from concerns about WhatsApp’s 2021 privacy policy and data sharing practices. WhatsApp and Meta challenged the CCI’s directive, and the National Company Law Appellate Tribunal (NCLAT) granted an interim stay on the prohibition of data sharing for advertising. The matter is currently sub-judice, meaning it is still under judicial consideration. The government has not detailed specific measures to prevent WhatsApp data misuse during the NCLAT stay, as the legal process is ongoing.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
RAJYA SABHA
UNSTARRED QUESTION NO. 854
ANSWERED ON TUESDAY, THE 11th February, 2025 / MAGHA 22, 1946 (Saka)
CCI order to WhatsApp and Meta
QUESTION
854. Smt. Priyanka Chaturvedi:
Will the Minister of CORPORATE AFFAIRS
be pleased to state:
a. the status of implementation of CCI’s orders to WhatsApp and Meta based on their 2021 privacy policy and data sharing policy; and
b. the measures proposed by Government to prevent misuse of WhatsApp data following the National Company Law Appellate Tribunal’s interim stay on CCI’s order?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF CORPORATE AFFAIRS AND MINISTER OF STATE IN THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.
(SHRI HARSH MALHOTRA)
(a)&(b): The Competition Commission of India (CCI) passed an order under Section 27 of the Competition Act, 2002, wherein the CCI has given directions to WhatsApp regarding not sharing user data collected on its platform with other Meta companies or other Meta Products for advertising purposes for a period of five years from 18.11.2024, sharing of WhatsApp user data for purposes other than advertising etc.
The above order has been challenged in the National Company Law Appellate Tribunal (NCLAT) wherein an interim stay on the CCI’s directive prohibiting data sharing for advertising purposes for five years has been given. The matter is sub-judice.
