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With the passage of the Colorado Privacy Act (CPA) during its latest legislative session, Colorado has become the third state to enact a comprehensive consumer data privacy law, following California and Virginia. Corporations that do business in Colorado will have two years to evaluate their data privacy practices and ensure they are prepared to comply with the CPA, which goes into effect on July 1, 2023.
Although the CPA does not feature groundbreaking privacy obligations, certain provisions do stand out. For instance, the law does not impose a revenue threshold, thus potentially subjecting small businesses who collect or profit from large amounts of personal data to comprehensive privacy obligations. Unlike the Virginia Consumer Data Protection Act (VCDPA), the CPA does not exempt nonprofits, nor does it expressly provide an entity-level exemption for organizations regulated by the Health Information Portability and Acc
Colorado Privacy Act Passes With Nationwide Implications for Businesses | Chambliss, Bahner & Stophel, P C
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Colorado joins California and Virginia in Passing a Comprehensive Privacy Law | Foley & Lardner LLP
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There are many similarities between the Colorado Privacy Act (ColoPA), the California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA), the Virginia Consumer Data privacy Act (VCDPA), and Europe’s GDPR, which gives companies that are compliant or are working towards compliance with these other laws a substantial headstart with ColoPA compliance.
In a signing statement on July 8, 2021, the Colorado Governor, traditionally a strong privacy advocate, expressed concern that the law may go too far. However, the Colorado Attorney General, Phil Weiser, embraced the law, stating that the “core part of the Colorado data privacy bill that really matters is consumers will have the ability to control and dictate how their data is used.” For the ColoPA, a consumer’s ability to control and dictate their data, like for California and Virginia, means that consumers will have rights around the processing of