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Indian Tribunal Suspends 5-Year Ban on WhatsApp Data Sharing with Meta

The NCLAT partially stayed the CCI's antitrust order, allowing WhatsApp to share metadata with Meta for ads while requiring compliance with opt-out provisions.

  • The National Company Law Appellate Tribunal (NCLAT) stayed the Competition Commission of India's (CCI) five-year ban on WhatsApp sharing metadata with Meta platforms like Facebook and Instagram for advertising purposes.
  • WhatsApp must comply with CCI's directive to provide users with an opt-out option for data sharing, including those who accepted the 2021 privacy policy update.
  • The tribunal required WhatsApp to pay 50% of the ₹213.14 crore penalty imposed by the CCI within two weeks, while the remaining penalty is under review.
  • The NCLAT noted that the five-year ban could disrupt WhatsApp's business model, which relies on free services and metadata sharing for monetization.
  • The tribunal stated that both parties could seek modifications to the ruling if India's new Digital Personal Data Protection Act, which may address data-sharing concerns, comes into effect.
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