The Supreme Court will hear Meta and WhatsApp’s plea against the Rs 213.14 crore penalty imposed by the CCI over their controversial privacy policy. The court earlier warned tech giants not to “play with the right to privacy of citizens in the name of data sharing.”
The Supreme Court of India is set to hear important pleas filed by tech giants Meta Platforms Inc and WhatsApp against a penalty imposed by the Competition Commission of India (CCI). The matter is scheduled to come up on Monday before a Bench led by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi.
The case relates to a CCI order imposing a penalty of ₹213.14 crore on Meta and WhatsApp over concerns arising from WhatsApp’s updated privacy policy and alleged anti-competitive practices linked to data sharing with its parent company, Meta.
Earlier, on February 3, the Supreme Court had made serious observations while hearing the appeals. The Bench said that tech companies cannot misuse users’ personal data under the excuse of business practices.
The Court clearly remarked that Meta and WhatsApp could not
“play with the right to privacy of citizens in the name of data sharing”
and alleged that they were creating a monopoly in the market and committing theft of private information of customers.
The Court strongly criticised WhatsApp’s privacy policy and highlighted the condition of ordinary users who may not fully understand how their data is being used. Referring to millions of users across India, the Bench spoke about “silent customers” who were unorganised, digitally dependent and unaware of the implications of data-sharing policies. The judges further asserted,
“We will not allow the rights of any citizen of this country to be damaged.”
The Supreme Court is currently examining appeals filed by Meta and WhatsApp challenging the CCI’s order. The competition regulator had imposed the Rs 213.14 crore penalty after finding that WhatsApp’s 2021 privacy policy update unfairly forced users to accept broader data-sharing terms with Meta, thereby impacting competition in the digital market.
On November 4, 2025, the National Company Law Appellate Tribunal (NCLAT) partly modified the CCI’s order. The tribunal set aside that portion of the order which had prohibited WhatsApp from sharing user data with Meta for advertising purposes for a period of five years. However, it retained the monetary penalty of ₹213 crore imposed by the CCI.
Subsequently, the NCLAT clarified that its ruling on privacy and consent safeguards would not be limited only to advertising-related data sharing. It clarified that the order would also apply to user data collection and sharing for non-WhatsApp purposes, including both non-advertising and advertising activities.
During earlier hearings, the Supreme Court had indicated that it would pass an interim order on February 9. The Bench also directed that the Ministry of Electronics and Information Technology be made a party to the appeals filed by Meta and WhatsApp, considering the wider implications of data protection and digital governance in India.
ALSO READ: Meta Challenges Rs 213.14 Crore Penalty By CCI Over WhatsApp Privacy Policy: NCLAT
In addition to the appeals filed by the companies, the Supreme Court is also dealing with a cross-appeal filed by the CCI. The competition regulator has challenged the NCLAT’s decision to the extent that it permitted WhatsApp and Meta to continue sharing users’ data for advertising purposes.
The case has become one of the most significant legal battles in India’s digital economy landscape. It raises critical questions about user consent, data privacy, market dominance, and the balance between business innovation and constitutional rights.
The Supreme Court’s final decision is expected to have a major impact on how global technology companies operate in India, especially in relation to personal data and competition laws.
With millions of Indian users relying on WhatsApp for daily communication, the outcome of this case could redefine the future of data protection, privacy safeguards, and digital competition in the country.
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