🇺🇸Colorado Privacy Act

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Colorado Privacy Act

Colorado Privacy Act

Colorado Privacy Act is part of the United States state privacy-law framework. It regulates covered processing of personal data about Colorado residents and must be assessed separately from federal sectoral laws and other states' statutes.

Current official version

Effective status: July 1, 2023

Citation: Colo. Rev. Stat. ss. 6-1-1301 through 6-1-1313

Source basis: Current Colorado Revised Statutes, Title 6, and official Colorado Privacy Act Rules.

Scope and applicability

The Act applies to controllers conducting business in Colorado or targeting Colorado residents that meet the statutory 100,000-consumer threshold, or the 25,000-consumer threshold combined with revenue or discounts from the sale of personal data. Applicability and exemptions must be tested against the current statute and Colorado Privacy Act Rules.

Thresholds must be calculated using the law's defined consumer population and lookback period. Exemptions should be recorded at entity, data and processing-activity level; an exemption covering one regulated dataset should not automatically be applied to unrelated marketing, website, workforce or customer-support data.

Consumer rights

Consumers have rights of access, correction, deletion and portability, and may opt out of targeted advertising, sale and qualifying profiling. Controllers must recognize qualifying universal opt-out mechanisms for sale and targeted advertising.

The operational workflow should authenticate requests without collecting excessive new data, meet the applicable response period, document extensions and denials, propagate deletion and opt-out decisions where required, and preserve evidence of the response and any appeal.

Controller and processor duties

Controllers must provide notices, minimize collection, specify purposes, secure personal data, obtain consent for sensitive data and incompatible secondary uses, contract with processors and conduct data protection assessments for processing that presents a heightened risk of harm.

Processor agreements should identify instructions, purpose, duration, data types, confidentiality, subprocessor controls, deletion or return, audit information and assistance with rights, security, breach response and assessments to the extent required by the statute.

State-specific point

Colorado combines the statute with detailed Attorney General rules covering consent, dark patterns, universal opt-out mechanisms, profiling, assessments and consumer-request operations. Compliance must address both layers.

Enforcement and evidence

The Colorado Attorney General and district attorneys enforce the Act as a deceptive trade practice. There is no general private right of action under the Act.

Maintain an applicability memorandum, data map, notice versions, request and appeal logs, consent and opt-out records, processor contracts, assessment records, security evidence and a dated record of the official statutory version used. Recheck the official legislature and regulator sources before each scheduled legal review.

What this means for you

Use a shared multi-state privacy operating model, but configure it for this law's exact scope, exemptions, rights, deadlines, consent rules, opt-out signals, assessment triggers and enforcement provisions. Do not substitute a generic US privacy checklist for the state-specific controls.

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