CCI fines Meta Rs 213 crore over WhatsApp’s 2021 privacy policy update: Told to take these “behavioural remedies” within a defined timeline – Times of India
The Competition Commission of India (CCI) imposed a ₹213.14 crore ($25.6 million) penalty on Meta Platforms and ordered WhatsApp to implement specific behavioural remedies within a defined timeline, including a five-year ban on sharing user data with other Meta companies for advertising purposes.
The antitrust watchdog ruled that WhatsApp’s mandatory data-sharing policy constituted an abuse of its dominant market position. “The 2021 policy update by WhatsApp on a ‘take-it-or-leave-it’ basis constitutes an imposition of unfair condition under the Act, as it compels all users to accept expanded data collection terms and sharing of data within Meta Group without any opt out,” the Commission stated.
Under the behavioural remedies, WhatsApp must provide all users in India, including those who accepted the 2021 update, with opt-out options through prominent in-app notifications. Users must have access to a dedicated settings tab to review and modify their data-sharing choices.
For non-advertising purposes, WhatsApp’s policy must include detailed explanations linking each type of shared data to its specific purpose.
“Sharing of user data collected on WhatsApp with other Meta companies… for purposes other than for providing WhatsApp service shall not be made a condition for users to access WhatsApp Service in India,” the CCI directed in its order.
The ruling impacts WhatsApp’s largest market, with over 500 million monthly active users in India. The 2021 policy had required users to accept sharing their data with Meta-owned platforms like Facebook and Instagram to continue using the messaging service.
The Commission found that Meta violated competition law by “creating entry barriers for rivals to compete” and “leveraging its dominant position in OTT messaging apps to protect its position in online display advertising.”
The decision comes amid increasing regulatory scrutiny of tech giants in India. The government is currently examining a proposed “Digital Competition Bill” to complement existing antitrust laws, despite opposition from U.S. business groups concerned about its impact.
Meta did not immediately respond to requests for comment on the CCI order and penalties.