Colorado Privacy Act (CPA) compliance implementation. Covers universal opt-out mechanism required since July 2024, profiling opt-out rights, sensitive data consent requirements, AG rulemaking under 4 CCR 904-3, and consumer rights framework. Effective July 1, 2023.
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Colorado Privacy Act (CPA) compliance implementation. Covers universal opt-out mechanism required since July 2024, profiling opt-out rights, sensitive data consent requirements, AG rulemaking under 4 CCR 904-3, and consumer rights framework. Effective July 1, 2023.
The Colorado Privacy Act (CPA), codified as C.R.S. §6-1-1301 through §6-1-1313, was signed into law on July 7, 2021 (SB 21-190), and became effective July 1, 2023. Colorado was the third state to enact comprehensive consumer privacy legislation. The CPA is notable for its robust rulemaking by the Colorado Attorney General, resulting in detailed implementing regulations at 4 CCR 904-3, and for being the first state (alongside Connecticut) to require recognition of universal opt-out mechanisms.
The Colorado AG published final rules effective March 1, 2024, with the universal opt-out mechanism requirement taking effect July 1, 2024.
Applicability (§6-1-1304)
The CPA applies to controllers that conduct business in Colorado or produce products or services intentionally targeted to Colorado residents AND:
Control or process personal data of 100,000 or more Colorado consumers per calendar year; OR
Control or process personal data of 25,000 or more Colorado consumers AND derive revenue or receive a discount on the price of goods or services from the sale of personal data.
Note: Threshold (2) does not require a specific revenue percentage (unlike Virginia's 50% threshold).
Exemptions (§6-1-1304(2)):
State and local government entities
National securities associations registered under 15 U.S.C. §78o-3
Financial institutions and affiliates subject to GLBA (entity-level)
Covered entities and business associates under HIPAA (entity-level)
Nonprofit organizations
Institutions of higher education
Data governed by GLBA, HIPAA, FERPA, FCRA, DPPA, COPPA, Farm Credit Act, and certain other federal statutes
Liberty Commerce Inc. Assessment:
Liberty Commerce Inc. processes data of approximately 98,000 Colorado consumers and derives advertising revenue from data-related activities. It meets threshold (2) and is subject to the CPA.
Consumer Rights (§6-1-1306)
1. Right to Access (§6-1-1306(1)(a))
Confirm whether a controller is processing their personal data and access such data.
2. Right to Correct (§6-1-1306(1)(b))
Correct inaccuracies in personal data, taking into account the nature of the data and the purposes of processing.
3. Right to Delete (§6-1-1306(1)(c))
Delete personal data provided by or obtained about the consumer.
4. Right to Data Portability (§6-1-1306(1)(d))
Obtain personal data in a portable and, to the extent technically feasible, readily usable format.
5. Right to Opt Out (§6-1-1306(1)(e))
Opt out of processing for purposes of:
Targeted advertising
Sale of personal data
Profiling in furtherance of decisions that produce legal or similarly significant effects
Liberty Commerce Inc. Implementation:
All five rights are exercisable through the privacy portal at privacy.libertycommerce.com/colorado. Opt-out rights are also accessible via universal opt-out mechanism (GPC) and a dedicated "Your Privacy Choices" link with the Colorado-approved opt-out icon.
The CPA is the first state law (alongside Connecticut) to mandate that controllers recognize universal opt-out mechanisms. The requirement became effective July 1, 2024.
Requirements
Controllers must:
Recognize and process opt-out signals sent through a universal opt-out mechanism
Treat the signal as a valid opt-out of sale of personal data and targeted advertising
Not require additional consumer verification to process the signal
Not display a pop-up, interstitial, or other mechanism asking the consumer to verify or modify the signal
Apply the signal at the browser/device level for unauthenticated consumers
Apply the signal at the account level for authenticated consumers
Resolve conflicts in favor of the most recently expressed preference
Technical Standards (4 CCR 904-3, Rule 5.11)
The AG rules specify that a universal opt-out mechanism must:
Be a setting or extension of a platform, technology, or mechanism
Not be a default setting (must be affirmatively selected by the consumer)
Clearly communicate to the consumer what the setting means
Be consumer-friendly and easy to use
Send a signal to the controller that clearly communicates the consumer's choice
Global Privacy Control (GPC) is recognized as a compliant universal opt-out mechanism.
Liberty Commerce Inc. Implementation:
Liberty Commerce Inc. detects GPC via the Sec-GPC: 1 HTTP header and navigator.globalPrivacyControl JavaScript API. Upon detection:
Unauthenticated: Apply session-level opt-out of targeted advertising and sale
Authenticated: Permanently set account-level opt-out preferences
Suppress all third-party advertising tags and data sharing for cross-context behavioral advertising
Allow first-party analytics under processor agreement
Sensitive Data (§6-1-1304(26), §6-1-1308(7))
Categories
Personal data revealing racial or ethnic origin
Religious beliefs
Mental or physical health condition or diagnosis
Sex life or sexual orientation
Citizenship or citizenship status
Genetic or biometric data processed for uniquely identifying an individual
Personal data of a known child
Consent Requirement
Processing of sensitive data requires the consumer's opt-in consent. Consent must be:
Freely given, specific, informed, and unambiguous
Clear affirmative act (no pre-checked boxes)
Specific to each sensitive data category and purpose
Profiling Opt-Out (§6-1-1306(1)(e)(III))
Consumers may opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. This is broader than most state laws and includes:
Decisions about provision or denial of financial or lending services
Decisions about provision or denial of housing
Decisions about provision or denial of insurance
Decisions about provision or denial of education enrollment or opportunity
Decisions about provision or denial of employment
Decisions about provision or denial of health care services
Decisions about access to basic necessities (food, water, shelter, energy, transportation)
Liberty Commerce Inc. Implementation:
Liberty Commerce Inc. conducts profiling for its buy-now-pay-later feature (credit scoring). Colorado consumers are provided a specific opt-out mechanism for this profiling activity, with disclosure of the logic involved, significance of the decision, and anticipated consequences.
Controller Obligations (§6-1-1308)
Privacy Notice (§6-1-1308(1))
Must include:
Categories of personal data collected or processed
Purposes for processing
Consumer rights and how to exercise them
Categories of personal data shared with third parties
Categories of third parties with whom data is shared
Contact information (email or online mechanism)
Whether personal data is sold or used for targeted advertising
Whether profiling is conducted and opt-out information
Data Minimization (§6-1-1308(3))
Collection must be adequate, relevant, and limited to what is reasonably necessary in relation to the specified purposes.
Purpose Limitation (§6-1-1308(4))
Processing may not exceed what is reasonably necessary to and compatible with the specified purposes.
Data Security (§6-1-1308(5))
Reasonable administrative, technical, and physical security practices appropriate to the volume, scope, and nature of the data.
Non-Discrimination (§6-1-1308(6))
May not process personal data in violation of state and federal antidiscrimination laws.
DPIA Requirements (§6-1-1309)
Controllers must conduct DPIAs for:
Targeted advertising processing
Sale of personal data
Certain types of profiling
Sensitive data processing
Any processing presenting heightened risk of harm
DPIAs must be made available to the AG upon request.
Enforcement (§6-1-1311, §6-1-1312)
Attorney General Authority
Exclusive enforcement under the Colorado Consumer Protection Act (§6-1-101 et seq.)
May issue civil investigative demands
May seek injunctive relief, restitution, and civil penalties
Cure Period
60-day cure period was available until January 1, 2025
After January 1, 2025: No automatic cure period; AG has discretion to consider good-faith efforts
Penalties
Treated as a deceptive trade practice under §6-1-105
Civil penalties up to $20,000 per violation (under Colorado Consumer Protection Act)
Injunctive relief and restitution
AG Rulemaking (4 CCR 904-3)
The Colorado AG published comprehensive regulations addressing:
