Appellate Tribunal Clarifies Scope Of Data Related Remedies In Whatsapp Privacy Policy Abuse Of Dominance Case.

As covered in our December issue, the National Company Law Appellate Tribunal (NCLAT) on 4 November 2025 upheld the CCI’s core abuse findings on WhatsApp’s 2021 privacy update against both WhatsApp LLC (WhatsApp) and Meta Platforms Inc. (Meta). It set aside the five‑year ban on ad‑related data sharing as disproportionate. It kept the conduct remedies, including clear disclosures about what data is shared with which Meta entities and for what purposes, meaningful opt‑in/opt‑out controls, and express, revocable consent.

On 15 December 2025, acting on the CCI’s clarification application in the WhatsApp dominance case, the NCLAT confirmed that these consent and transparency obligations apply to all non‑WhatsApp uses of data, i.e., sharing with Meta entities for both advertising and non‑advertising purposes. In practical terms, WhatsApp must: (i) provide users with clear, specific explanations of what data is shared with which Meta entities and for what purposes; (ii) offer meaningful, in‑app opt‑in/opt‑out; and (iii) ensure consent remains express and revocable, not bundled with access to the core messaging service. WhatsApp has three months to comply. Meta, WhatsApp, and the CCI have each approached the Supreme Court challenging aspects of the orders.

Business Takeaway: Digital platforms should separate core functionality from any non‑essential data use and design consent pathways that offer purpose‑specific, revocable choice with clear disclosures and simple opt‑outs. Under competition law, dominant firms face heightened risk when consent is bundled or presented on a “take‑it‑or‑leave‑it” basis. With the DPDP Act, 2023 requiring notice‑based, revocable consent, regulators are likely to assess whether platforms’ consent architecture complies not only with privacy standards but also with antitrust expectations of fairness and user autonomy.