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NCLAT allows WhatsApp to resume Meta data sharing but keeps ₹225 crore penalty in place

The National Company Law Appellate Tribunal has overturned the order that stopped WhatsApp from sharing user data with other Meta platforms. This comes after WhatsApp argued that the earlier ban from the competition regulator would force it to withdraw some features from the Indian market.

The appeals tribunal set aside the five year restriction issued in late 2024. It said the regulator did not provide a clear reason for blocking WhatsApp from sharing data with its parent company and related entities. At the same time, the tribunal kept the financial penalty of about ₹225 crore. It stated that Meta misused its market position by placing unfair terms on users.

WhatsApp had earlier challenged the regulator’s move and said it was based on limited understanding of how the service works. Meta said the competition authority lacked the technical insight to assess the full impact of its order.

The matter began in 2021 after WhatsApp announced updates to its privacy policy. The competition regulator found that the new policy gave users no real choice, as they were pushed to accept it or lose access to the messaging service.

India remains the largest market for Meta across its platforms including Facebook, Instagram and WhatsApp. The company has not yet offered any public comment following the tribunal’s latest decision.

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