Colorado's Privacy Act (CPA), signed by Governor Jared Polis on July 7, 2021, was the third comprehensive state privacy law in the U.S. after California and Virginia. The CPA took effect on July 1, 2023, and is notable for several progressive features. Most significantly, Colorado requires covered businesses to honor universal opt-out mechanisms like the Global Privacy Control (GPC) browser signal — meaning Colorado consumers who enable GPC in their browser will have their opt-outs honored automatically across all covered websites. The CPA also requires businesses to conduct data protection assessments for high-risk data processing activities, including targeted advertising, sale of personal data, profiling, processing sensitive data, and processing that presents a heightened risk of harm.
Residents of Colorado have the following legally enforceable privacy rights under CPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The CPA applies to controllers that conduct business in Colorado or produce products or services targeted to Colorado residents AND that either: (1) control or process personal data of 100,000 or more Colorado consumers during a calendar year, or (2) derive revenue or receive a discount on goods/services from selling personal data and process personal data of 25,000 or more Colorado consumers. Unlike California's CCPA, there is no annual revenue threshold — the CPA is triggered purely by data volume and data sale activity.
Under CPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under CPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Colorado Attorney General has exclusive enforcement authority — there is no private right of action under the CPA. Violations are treated as violations of the Colorado Consumer Protection Act. The AG may seek civil penalties of up to $20,000 per violation. Businesses have a 60-day cure period through January 1, 2025, after which the AG has discretion on whether to offer cure periods on a case-by-case basis.
To exercise your rights under CPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Colorado resident invoking rights under CPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Colorado Attorney General's office.
| Term | Definition Under CPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |