Supreme Court Sets Feb 9 2026 Deadline for Meta Undertaking The apex court ordered Meta to file an affidavit promising to stop sharing Indian users’ personal data with its parent company, warning that failure will lead to dismissal of its appeal and “very strict conditions.” The deadline was announced on February 4 2026, and the bench signaled that interim directions will follow if the undertaking is not submitted [1][2]. Meta’s legal team faces a narrow window to comply before the case proceeds to a final ruling.

2021 WhatsApp Policy Triggered ₹213.14 Crore CCI Fine WhatsApp’s “take‑it‑or‑leave‑it” privacy‑policy update in 2021 expanded data sharing with Meta, prompting the Competition Commission of India to deem the move an abuse of dominance. The regulator imposed a fine of ₹213.14 crore (≈ $25 million) on Meta, a penalty that both articles cite as the case’s origin [1][2]. The CCI’s decision underscored concerns that consent language coerced millions of Indian users into commercial exploitation.

NCLAT Upheld Penalty but Removed Five‑Year Ban The National Company Law Appellate Tribunal confirmed the CCI’s abuse finding and retained the monetary sanction, but it set aside the regulator’s order that would have barred Meta from sharing data for five years. The tribunal argued that such a ban would disrupt the technical integration of Meta’s services across its platforms [1]. This partial relief did not affect the Supreme Court’s current demand for a fresh undertaking.

Judges Emphasized Data Theft and “Rent‑Sharing” Gaps Chief Justice Surya Kant described the data‑sharing practice as “a decent way of committing theft” and likened opting out of WhatsApp to leaving India, highlighting the app’s network‑effect dominance [1][2]. Justice Joymalya Bagchi noted that the 2023 Digital Personal Data Protection Act protects privacy but not the economic value of data, urging the court to consider “rent‑sharing” mechanisms similar to the EU’s digital rules [1][2]. Their remarks shift the debate from mere privacy to the monetisation of user‑generated information.

Solicitor General Labels Users as Products Solicitor General Tushar Mehta told the bench that Indian users are “not only consumers, but also products,” stressing growing fatigue with a free‑internet model that commodifies personal conversations [1][2]. He warned that the current consent framework enables commercial exploitation beyond the scope of existing privacy legislation. The statement reinforces the court’s push for clearer accountability on data value extraction.