Clarification Requested After 4 November Ruling
The Competition Commission of India (CCI) has asked the National Company Law Appellate Tribunal (NCLAT) to clarify parts of its recent ruling in the WhatsApp–Meta data sharing case. The request follows NCLAT’s 4 November decision that lifted the five-year ban on using WhatsApp user data for Meta’s advertising services.
CCI now wants to know whether the safeguards applied to non-advertising data should also apply to advertising data, and whether the order creates a single consent framework for all types of user information.
Tribunal Gives Meta and WhatsApp Time to Respond
A bench headed by Justice Ashok Bhushan and technical member Arun Baroka accepted CCI’s plea and allowed Meta and WhatsApp more time to file their responses. The matter will be heard again in December.
The tribunal also issued a notice on a separate request from WhatsApp and Meta seeking removal of confidential sections from the judgment.
NCLAT’s Earlier Decision Explained
In its ruling on 4 November, the NCLAT overturned CCI’s earlier directive that completely banned WhatsApp data from being used for advertising for five years.
The tribunal said the ban was unnecessary because users already have clear opt-in and opt-out options.
Despite lifting the restriction, NCLAT retained several key protections:
- WhatsApp must clearly disclose what data it shares with Meta companies and why.
- Users cannot be forced to share data for Meta’s unrelated services to continue using WhatsApp.
- All users—including those who accepted the 2021 privacy policy—must get identical choices regarding non-service-related data.
CCI Says User Consent Must Apply Uniformly
According to the CCI, the tribunal’s reasoning puts “user consent” at the centre of all data practices and eliminates the difference between advertising and non-advertising data usage.
CCI pointed to sections of the judgment that appear to indicate a uniform consent requirement and therefore asked for clarity on whether these conditions also apply to advertising-related data.
CCI counsel Samar Bansal argued that the ruling clearly shows that “user consent is paramount” and the principle should apply across all categories of data.
Meta and WhatsApp Oppose the Request
Meta and WhatsApp strongly opposed the CCI’s plea.
Senior advocates Kapil Sibal and Mukul Rohatgi said the order is already clear and does not need further explanation.
They argued that if the CCI finds contradictions, the correct legal route is to file a review petition.
Rohatgi added, “If the judgment already supports the applicant’s understanding, no clarification is required. If it does not, clarification cannot be issued.”
They also said the CCI cannot selectively reinterpret parts of the order and must follow proper legal procedure.
CCI Wants Hearing Before Possible Supreme Court Appeal
The CCI requested that its plea be heard before the matter reaches the Supreme Court, warning that a pending appeal could make the clarification request irrelevant.
Earlier, the tribunal had upheld the ₹213-crore penalty on Meta and WhatsApp, ruling that the 2021 privacy policy compelled users to share broader data and strengthened Meta’s position in the digital advertising market.
The tribunal also stressed that privacy and competition law work together, giving CCI the power to examine market dominance even in data-related cases.
Next Hearing Scheduled
The case will be heard again on 25 November.