‘Tis the Season: Colorado Attorney General Releases New Draft CPA Regulations

On December 21, 2022, the Colorado Attorney General (AG) released its newest set of draft regulations to the Colorado Privacy Act (CPA), which will take effect in July 2023. This latest draft includes updates to the proposed regulations issued on September 30, 2022, following a public comment period. Stakeholders now have until January 18, 2023, to submit comments on these latest draft regulations in advance of a rulemaking hearing set for February 1, 2023.

In soliciting additional comments to the revised CPA regulations, the Colorado AG is seeking specific input on: (1) clarifications to definitions; (2) use of IP addresses to verify consumer requests; (3) a universal opt-out mechanism; (4) streamlining the privacy policy requirements while maintaining their comprehensiveness; and (5) bona fide loyalty programs. The latest draft regulations include detailed questions from the AG to stakeholders on each of these topics.

There seems to be something for everyone in the latest updates to the CPA regulations. Some changes will be heralded by privacy advocates, while others will make implementation easier for businesses. While we cannot document each of the many updates here, some of the more notable revisions include:

The public comment period on the latest draft regulations is open through January 18, 2023. There will then be a public rulemaking hearing on February 1, 2023. From there, we anticipate the Colorado AG will make final changes to the regulations before ultimately publishing them in advance of the July 1, 2023, effective date of the CPA.

Although the proposed Colorado regulations will not take effect until July 2023, many companies are working now to update their existing programs for CCPA compliance and may want to consider incorporating some of the key Colorado components as they do.

can help you integrate the Colorado requirements into your program, notices and processes. We can also help businesses submit comments to the new proposed regulations. For assistance, please contact your regular MDermott Will & Emery lawyer or the authors of this article.