Colorado Privacy Act

CPA

What is CPA?

CPA is Colorado Privacy Act was signed into law on March 24, 2022. It is a privacy law similar to US CCPA.

The “sale of personal information” is defined as “the exchange of personal data for monetary or other valuable consideration by a controller to a third party.

Differences with CCPA, VCDPA, UCPA, GDPR

The CPA does not include any revenue thresholds
Unlike the CCPA and CDPA, the CPA is applicable even when a company derives less than 50% of its gross annual revenue from selling data

Who does the CPA apply to?

Controls or processes the personal data of at least 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.

Personally Identifiable Information (PII)

Biometric information
Credit and debit card numbers
Drivers’ license and license plate numbers
Email addresses
Employment information
Financial data
Healthcare and insurance information
Mailing addresses
Military ID numbers
Passport ID numbers
Passwords
Physical addresses
Social Security Numbers
Student ID numbers
Telephone numbers
Usernames

Sensitive personal information

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 that may be processed for the purpose of uniquely identifying an individual
A known child

Consumer rights under CPA

Right of access
Right to correction
Right to delete
Right to data portability
Right to opt out for targeted advertising, sale or profiling using their personal data
Right to appeal

CPA enforcement and fines

The controller has 60 days to cure the violation. a noncompliant entity may be fined up to $20,000 per violation.

CPA and consent management

Opt-out model: like the other state-level laws adopted in the US to date, in most cases data controllers do not need to get consumers’ consent before collecting their personal information.

Controllers are likewise prohibited from processing 'sensitive data' without consent. Consent must be “freely given, specific, informed, and unambiguous.”

Absent consent, the CPA dictates a controller shall not process personal data for “purposes that are not reasonably necessary to or compatible with the specified purposes for which the personal data are processed.”

The Colorado Privacy Act (CPA) Timeline

Signed into law on July 8, 2021
The CPA will take effect on July 1, 2023

Other US State Privacy Laws

CCPA: California Consumer Privacy Act, learn more at CCPA
CPRA: California Privacy Rights Act, learn more at CPRA
CPA: Colorado Privacy Act, learn more at CPA
VCDPA: Virginia Consumer Data Protection Act, learn more at VCDPA
UCPA: Utah Consumer Privacy Act, learn more at UCPA
CTDPA: Connecticut Data Protection Act, learn more at CTDPA
COPPA: Children’s Online Privacy Protection Act, learn more at COPPA

Compare different US State Privacy Laws

How to compliant with and implement the Colorado Privacy Act Compliance Solution?

Use a consent management platform like UniConsent to offer consumers full control of data collection, opt-out features, manage the preferences communication.