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Wednesday, February 4, 2026

A Colorado Employer’s Review of New and Proposed Legislation For 2026 - JD Supra

This past year saw many changes to Colorado’s legislative landscape affecting businesses and employers. We’re here to help you stay informed on what’s new. This Insight will cover the biggest laws that recently took effect, and the most significant pieces of proposed legislation that we’re monitoring for 2026.

2025 Legislation Recap

First, here’s a round-up of new laws that have recently taken effect.

Colorado Privacy Act

Two important changes to Colorado's Privacy Act relating to the collection of biometric data took effect in 2025. First, as of July 1, 2025, companies collecting biometric data from consumers must adopt publicly available written policies that establish:

  • a biometric data retention schedule;
  • a protocol for responding to and notifying affected consumers of compromising data security incidents; and
  • a timely data deletion policy.

Additionally, companies collecting biometric data from consumers must first inform consumers:

  • that biometric data is being collected;
  • why it is being collected;
  • the length of time the company will retain the data; and
  • whether the data is being shared with a data processor and for what purpose.

Consumers must consent to the collection of biometric data, and a consumer’s refusal to consent cannot be the basis for a company’s refusal to provide them goods or services.

In the employer-employee context, an employer may require as a condition of employment the collection of an employee’s biometric data only for the purposes of...



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