On July 1, 2023, the Colorado Privacy Act (CPA) will go into effect as the third state law generally governing consumer data privacy and was the second enacted in 2021. If you do business with consumers in Colorado, regardless of your location, you should begin familiarizing yourself with the requirements of the CPA now. While the CPA is similar to the California Privacy Rights Act (CRPA) and Virginia’s Consumer Data Privacy Act (VCDPA), certain elements distinguish the Colorado law from its counterparts. Unlike the California law, the CPA does not apply to personal data in the employee or business-to-business relationship. This client alert provides a breakdown of the general requirements and obligations on businesses and key distinctions with other state data privacy laws.
Covered Controllers. The CPA applies to any business, called a “controller” under the statute, who “alone, or jointly with others, determines the purposes for and means of processing personal data,” and “conducts business in Colorado or produces or delivers commercial products or services that are intentionally targeted to residents of Colorado” and:
Controls or processes the personal data of 100,000 consumers or more during a calendar year; or
Derives revenue or receives a discount on the price of goods or services from the sale of personal data and processes or controls the personal data of 25,000 consumers or more.
There are a number of exemptions to the...
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