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ARTICLE · 07 SEPTEMBER 2022

CA Attorney General Announces First Public CCPA Fine

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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On Aug. 24, 2022, California Attorney General Rob Bonta (AG) announced the first public fine for failure to comply with the California Consumer Privacy Act (CCPA).

United StatesPrivacy
Alan Friedman
Alan Friedman
Steven Sparling
Steven Sparling
Arielle Warshall Katz
Arielle Warshall Katz
Austin Manes
Austin Manes
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On Aug. 24, 2022, California Attorney General Rob Bonta (AG) announced the first public fine for failure to comply with the California Consumer Privacy Act (CCPA). Beauty products retailer Sephora Inc. agreed in a settlement to pay $1.2 million into California's Consumer Privacy Fund, to make substantial changes to Sephora's privacy programs and policies, and to submit annual reports regarding these changes to the AG for the next two years.

The AG's Allegations

Like many retailers, Sephora installed (or allowed third parties to install) software on its website that monitored the actions of its online shoppers. Although these third parties did not pay Sephora for its shoppers' data, in return Sephora received analytics regarding these shoppers and the option to purchase advertisements targeting them. The AG alleged that this use of Adtech constituted a sale of personal information under the CCPA, which the AG stated "broadly defines sales as the exchange

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