CCI Seeks NCLAT Clarification on Whether WhatsApp–Meta Ad Data Sharing Requires User Consent

Overview

• The CCI told the tribunal that the judgment’s reasoning makes user consent paramount, which it says could cover advertising and non‑advertising data alike.
• Meta and WhatsApp opposed the plea, arguing the order is clear and that any disagreement belongs in a review or appeal rather than a clarification.
• The NCLAT granted the companies time to file objections and listed the matter for further hearing in late November or early December.
• In its November 4 ruling, the tribunal set aside the five‑year advertising ban but upheld a Rs 213 crore penalty and required opt‑in/opt‑out and detailed purpose links for non‑service data sharing.
• The order observed that WhatsApp–Meta data flows bolster Meta’s position in display advertising yet it rejected a Section 4(2)(e) leveraging finding as unsustainable.