On Monday, February 23, 2026, WhatsApp and its parent company, Meta, made a significant legal concession by informing the Supreme Court of India that they will fully comply with the data-sharing and user-consent rules mandated by regulators.
This move marks a major “climbdown” from the platform’s long-standing defense of its controversial 2021 “take-it-or-leave-it” privacy policy.
The Compliance Mandate
WhatsApp has committed to implementing a new user-consent-based framework by March 16, 2026. This follows a sharp rebuke from the Supreme Court earlier this month, where the bench likened unauthorized data sharing to a “decent way of committing theft.”
Key Changes for Users:
- Meaningful Choice: Users will no longer be forced to share their data with other Meta platforms (like Facebook and Instagram) as a condition for using WhatsApp.
- Opt-in/Opt-out Tools: The app must provide clear tools within the interface that allow users to manage and modify their data-sharing preferences.
- Revocable Consent: Users will have the right to withdraw their consent at any time.
- Transparency: WhatsApp must provide a detailed, plain-language explanation of exactly what data is being shared, for what purpose, and with which specific Meta entities.
Legal Context and Penalties
The compliance follows a series of rulings by the Competition Commission of India (CCI) and the National Company Law Appellate Tribunal (NCLAT):
- The Fine: WhatsApp remains liable for the ₹213.14 crore penalty imposed for abusing its dominant market position through the 2021 policy.
- The “Advertising Ban”: While a blanket five-year ban on data sharing for advertising was recently modified into a “consent-based” model by the NCLAT, the CCI is currently appealing to the Supreme Court to have the full ban reinstated.
- Sovereignty & Privacy: The Court emphasized that it would not allow digital monopolies to exploit “silent consumers” who are digitally dependent but unaware of complex policy implications.
Global Parallel: EU Digital Services Act (DSA)
Interestingly, this development in India aligns with similar pressures in Europe. On January 26, 2026, the European Commission designated WhatsApp Channels as a “Very Large Online Platform” (VLOP).
- Deadline: Meta has until mid-May 2026 to bring WhatsApp into compliance with stricter EU rules regarding systemic risk, illegal content, and privacy protections.
- Scope: While private messaging remains excluded from the DSA, the “Channels” broadcast feature is now under intense regulatory scrutiny across the 27-nation bloc.
Summary of Current Deadlines
| Date | Region | Requirement |
| March 16, 2026 | India | Deadline to implement user-choice framework and file compliance affidavit. |
| April 2026 | India | Supreme Court to resume hearings on the main appeal and advertising ban. |
| Mid-May 2026 | European Union | Deadline for WhatsApp Channels to comply with full VLOP/DSA obligations. |
