With Colorado joining California as the only other state with rules implementing a comprehensive privacy law, businesses and practitioners have been anxiously watching to see whether a California-compliant privacy policy would also be compliant with the Colorado Privacy Act (“CPA”).  And, as the Colorado Attorney General has made clear, interoperability is an important guiding

On December 21, the Colorado Attorney General released a revised draft of the Colorado Privacy Act Rules. 

We will be providing in-depth analysis in coming days and weeks, but at first review, the revised rules appear to represent a fine-tuning as opposed to a complete overhaul.  Some of these changes – such as additional flexibility

With its draft rules, Colorado has set forth a new model for state privacy laws.  While there are many areas that are interoperable with the California model, the Colorado draft rules include important differences, as well as rules on topics that have been notably absent from California’s draft rules.  Ballard partners Phil Yannella and Greg

On October 1, 2022, the Colorado Attorney General‘s Office announced that it had submitted the first draft of its Rules implementing the Colorado Privacy Act.

The draft Colorado Rules run only 38 pages long—in notable contrast to the draft California regulations that run 66 pages (albeit in redline).  Moreover, the draft Colorado Rules address

Colorado Attorney General Philip Weiser gave his first public comments since April last Thursday at Ballard Spahr LLP’s 2022 Annual Colorado Privacy Summit.  In an hour-long fireside chat with Ballard Spahr’s Co-Chair of Privacy and Data Security Greg Szewczyk, AG Weiser discussed the rulemaking process under the Colorado Privacy Act.  A recording of the interview

At the IAPP Global Privacy Summit, Colorado Attorney General Phil Weiser announced the principles that would guide the CPA rulemaking process, after which his office published a white paper entitled Pre-Rulemaking Considerations for the CPA.  In the white paper, the Colorado Department of Law (which is headed by the Attorney General) welcomes informal input

On January 28, 2022 the Consumer Protection Section of the Colorado Attorney General’s Office issued guidance regarding data security best practices.  Businesses subject to the Colorado Privacy Act can look to these best practices as a roadmap for the technical and organizational data security safeguards the law requires businesses to implement.

The guidance instructs covered

2021 proved to be a momentous year for privacy and data security law.  The scourge of ransomware continued last year, leading to record-setting ransomware payments, a muscular response from the federal government, a hardening insurance market, and significant corporate anxiety.  Two more U.S. states passed comprehensive data privacy laws in 2021.  The FTC was very active, issuing new guidance for artificial intelligence (AI), publishing revisions to the GLBA Safeguards Rule, and bringing new enforcement actions.  The U.S. Supreme Court issued a number of opinions that had the effect of narrowing the scope of key privacy statutes while biometric litigation in Illinois exploded.  The European Commission promulgated new rules for cross-border transfers, and U.S. state regulatory enforcement activities ramped up.
Continue Reading  Predictions for Privacy & Data Security in 2022

Colorado has become the third state in the country to pass a comprehensive data privacy law, joining California and Virginia.  Assuming the governor signs—as he is widely expected to do—the Colorado Privacy Act (the “CPA”) will go into effect on July 1, 2023.

Similar to the California and Virginia laws, the CPA affords Colorado “consumers”