Recently, the Colorado Attorney General’s office posted a revised draft of the regulations implementing the Colorado Privacy Act. The revisions made a number of changes, and we highlight a few key ones below.

  • Specifying that the dark patterns provisions apply in certain circumstances only. The rules clarify that the rules governing dark patterns apply only when designing a “user interface or a choice architecture used to obtain Consent when required under C.R.S. §§ 6-1-1303(5), 6-1- 1306(1)(a)(IV)(C), 6-1-1308(4), and 6-1-1308(7).” These provisions cite to the CPA’s definition of “Consent;” the conditions in which a consumer can ask a consumer to opt back in to targeted advertising or sales, after the consumer opted out; and the requirement to collect consent for secondary uses of data or processing sensitive data.
  • Narrowing the definition of sensitive data inferences to those inferences which “are used to” indicate certain sensitive characteristics. The CPA does not reference “sensitive data inferences.”
  • Clarifying the definition of Publicly Available Information. The draft regulations strike the exception to the definition of “Publicly Available Information” that excluded publicly available information that has been combined with non-publicly available information.
  • Updating loyalty program disclosure requirements. The new regulations now require controllers to explain why deletion of Personal Information makes it impossible to provide a benefit and why sensitive data is required for a loyalty program benefit.
Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.

Photo of Libbie Canter Libbie Canter

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports…

Libbie Canter represents a wide variety of multinational companies on privacy, cyber security, and technology transaction issues, including helping clients with their most complex privacy challenges and the development of governance frameworks and processes to comply with global privacy laws. She routinely supports clients on their efforts to launch new products and services involving emerging technologies, and she has assisted dozens of clients with their efforts to prepare for and comply with federal and state privacy laws, including the California Consumer Privacy Act and California Privacy Rights Act.

Libbie represents clients across industries, but she also has deep expertise in advising clients in highly-regulated sectors, including financial services and digital health companies. She counsels these companies — and their technology and advertising partners — on how to address legacy regulatory issues and the cutting edge issues that have emerged with industry innovations and data collaborations.

Photo of Jayne Ponder Jayne Ponder

Jayne Ponder is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group. Jayne’s practice focuses on a broad range of privacy, data security, and technology issues. She provides ongoing privacy and data protection…

Jayne Ponder is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group. Jayne’s practice focuses on a broad range of privacy, data security, and technology issues. She provides ongoing privacy and data protection counsel to companies, including on topics related to privacy policies and data practices, the California Consumer Privacy Act, and cyber and data security incident response and preparedness.