Colorado Privacy Act

Here's a breakdown of the Colorado Privacy Act (CPA), which went into effect on July 1, 2023:

What is the Colorado Privacy Act (CPA)?

The CPA is a comprehensive data privacy law that gives Colorado residents significant rights regarding their personal information. It's often compared to California's CCPA, but it has its own unique provisions.

Key Provisions of the CPA:

• Consumer Rights:

  • Right to Access: Consumers can request access to their personal data.

  • Right to Correction: Consumers can request correction of inaccurate personal data.

  • Right to Deletion: Consumers can request deletion of their personal data.

  • Right to Opt-Out: Consumers can opt-out of the sale of their personal data or its use for targeted advertising or profiling.

  • Right to Data Portability: Consumers can request a copy of their personal data in a portable format.

• Business Obligations:

  • Provide a Privacy Notice: Clearly inform consumers about your data practices.

  • Respond to Consumer Requests: Respond to consumer requests within 45 days.

  • Implement Reasonable Security: Protect personal data with appropriate security measures.

  • Conduct Data Protection Assessments: Assess risks for processing activities like targeted advertising, profiling, and the use of sensitive data.

  • Obtain Consent: Obtain consent before processing sensitive data.

• Sensitive Data:

  • The CPA provides heightened protection for sensitive data, including information about race, religion, health, sexual orientation, and precise geolocation.11 Businesses must obtain consent to process this type of data.

• Universal Opt-Out:

  • As of July 1, 2024, businesses must recognize a universal opt-out mechanism that allows consumers to opt-out of the sale or processing of their personal data for targeted advertising.

Who does the CPA apply to?

The CPA applies to businesses that conduct business in Colorado or provide products or services to Colorado residents and meet one of the following thresholds:

• Control or process the personal data of at least 100,000 consumers.

• Control or process the personal data of at least 25,000 consumers and derive over 25% of their annual revenue from selling personal data.

Why is the CPA important?

The CPA is a significant step in protecting consumer data privacy in Colorado. It's essential for businesses to understand and comply with the CPA to avoid legal and financial risks, build trust with customers, and foster a culture of responsible data handling.

How Aetos Can Help:

Aetos Data Consulting provides expert guidance and support to help businesses navigate the complexities of the CPA. Our services include:

• CPA compliance audits

• Policy development and implementation

• Training and awareness programs

• Data subject request management

Contact us today to learn more about how we can help your business achieve and maintain CPA compliance.