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India: CCI fines Meta INR 2.13B for WhatsApp's 2021 privacy policy update

November 19, 2024
Summary

The Competition Commission of India (CCI) fined Meta Platforms, Inc. INR 2.13 billion for imposing unfair conditions via WhatsApp's 2021 privacy policy update, which mandated data sharing with Meta companies without an opt-out option, violating the Competition Act. The CCI deemed this an abuse of Meta's dominant position and a barrier to market entry for competitors. Consequently, the CCI issued cease-and-desist orders and directed behavioral remedies, including a five-year ban on using WhatsApp data for advertising, a detailed explanation of data sharing, an opt-out option for users, and compliance for all future policy updates.

On November 18, 2024, the Competition Commission of India (CCI) announced that it fined Meta Platforms, Inc. INR 2.13 billion (approx. $25.24 million) for violation of the Competition Act in relation to WhatsApp's 2021 privacy policy update.  Background to the decision The CCI noted that WhatsApp's 2021 privacy policy update stated that effective February 8, 2021, users were required to accept these terms, including the expanded scope of data collection as well as mandatory data sharing with Meta companies, to continue using WhatsApp. Under the previous privacy policy, WhatsApp users were given the option to opt-out. Findings of the CCI The CCI found that the 2021 privacy policy update on a

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