Share on LinkedInShare on LinkedIn

ARTICLE · 26 FEBRUARY 2021

WhatsApp's New Data Privacy Policy-How It Affects Competition?

WhatsApp's new private data policy announced globally on 4 January 2021 has faced strong opposition in India with the Central Government sending detailed questionnaire.

IndiaAntitrust/Competition Law

WhatsApp's new private data policy announced globally on 4 January 2021 has faced strong opposition in India with the Central Government sending detailed questionnaire. Consequently, WhatsApp has deferred implementation from 8th February to 15th May. But, in the absence of a Data Privacy Law in India, can the Government legally stop WhatsApp from implementing the said unilateral policy after 15th May? And does it raise competition issues and if yes, should the Fair Market watchdog, the Competition Commission of India (CCI) step in to fill the legal vacuum to stop WhatsApp from implementing this policy in India? Let us examine.

Firstly, what are the main issues with the new policy? Unlike those in European Union with a strong General Data Protection Regulation (GDPR) regime, Indian users are not legally protected, and the new policy can take away their current choice now not to share their personal data with other Facebook-owned and third-party apps, which may have

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Specific Questions relating to this article should be addressed directly to the author.

For MM Sharma, hide author and put the following in article body -

Article by MM Sharma, Head Competition Law & Policy Practice, Vaish Associates, Advocates, New Delhi, India

© 2026, Vaish Associates Advocates,
All rights reserved
Advocates, 1st & 11th Floors, Mohan Dev Building 13, Tolstoy Marg New Delhi-110001 (India).

The content of this article is intended to provide a general guide to the subject matter. Specialist professional advice should be sought about your specific circumstances. The views expressed in this article are solely of the authors of this article.

See more popular content from