Colorado Adds Wrinkle to Emerging State Privacy Law Quilt

Marian Waldmann Agarwal spoke to Law360 about the Colorado Privacy Act, which has much in common with the privacy laws already on the books in California, Virginia, and the European Union.

The Colorado Legislature directed the attorney general to develop the technical specifications for a universal opt-out mechanism that companies beginning in July 2024 will be required to use to allow consumers to exercise their rights under the law. Marian noted that while Virginia also allows individuals to opt out of having their personal data processed for sales, targeted advertising, or profiling, it doesn’t require the use of a specific opt-out mechanism.

“Colorado goes a step further and would require the AG to issue rules by July 1, 2023, when the [law] would enter effect, for technical specification of one or more universal opt-out mechanisms,” Marian said. “So this would be something new for controllers to consider if within the [Colorado law’s] scope.”

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