Abstract

A vast majority of social networking sites seem to have inculcated prejudice against users’ privacy, whether it’s in the form of unreasonable default settings, insufficient privacy controls, data retention, third party abuse, or a unilateral right to amend privacy policies. Their attempt is probably to acquire a large and irrevocable right of ownership over a user's information and equivalent for vested company interests like advertising. The chance of data aggregation further poses many real threats to the privacy of users. In contrast, corporations like Facebook and WhatsApp are increasingly seen turning a blind eye to such issues or shrugging them off as unreasonable and unrealistic. But this is pretty standard practice as far as most companies go. Almost all companies update their privacy policies at some point or the other, and to continue using that, users have to accept these. WhatsApp has updated its privacy policy, and it will cause more concern because it brings deeper integration with Facebook, its parent company, and its different treatment between Indian users and their users in the European Union (EU). This paper analyses that the WhatsApp new privacy policy, 2021 qualify for being a standard form of contract because the user has no ability, chance, and/or expertise to negotiate a lot of favorable terms with the corporation and is consequently placed in a 'take it or leave it' approach in India.

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