The Indian Competition Authority initiates an investigation into a Big Tech company’s new privacy policy and user agreement that does not let users opt out (WhatsApp)

KEY POINTS CCI is empowered to initiate an investigation into any conduct which may contravene the provisions of the Act if the CCI knows that such conduct is about to be committed. The CCI is obligated to prevent practices from having an adverse effect on competition. BRIEF FACTS CCI initiated an investigation into the new privacy policy introduced by WhatsApp Inc. (“WhatsApp”) for its popular social media messaging application (“App”) "WhatsApp Messenger". The investigation was initiated by CCI in exercise of its suo motu powers pursuant to multiple media reports concerning a notification sent by WhatsApp to its users; whereby the users were informed that they needed to mandatorily accept the new privacy policy in order to retain their account information after 8th February 2021.