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Colorado House Votes on SB190, Senate Reconciliation is Next

Updated 6/9/21 @ 11am: The Colorado Senate unanimously voted 34-0 on concurrence and final passage of SB190. It now heads to Gov. Polis, who will have 10 days to sign or explicitly veto it.CPA applies to businesses collecting data on more than 100,000 individuals, or those earning revenue from the data of more than 25,000 consumers. It includes standard data subject rights, an opt-out consent model with a universal opt-out mechanism, and a right to cure, all subject to normal AG rule-making and enforcement.

CPA is effective July 1, 2023 unless vetoed by the Gov. The biggest difference when compared to Virginia or CPRA is the broad requirement (with fewer exemptions) for data protection privacy assessments.

A more specific compliance issue Colorado presents, according to attorney David Zetoony, is the required data protection assessment. Such examinations are also required in the Virginia Consumer Data Protection Act, but Colorado does not exempt companies from these assessments like Virginia.

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The Colorado Privacy Act SB190 has passed the Colorado House of Representatives by a vote of 57-7. While the bill must return to the Senate for final reconciliation of amendments made by the House, it’s most likely. Unless the Governor vetos it, which is improbable, the amendments will be reconciled in the next few days.

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The California Privacy Protection Agency Is Not Wasting Time

In a meeting agenda released today, the California Privacy Protection Agency made it clear that they are going to move quickly and start implementing changes straightaway. In fact, it looks like they will assume rule-making authority immediately. The meeting is scheduled for Monday, June 14, 2021 at 9:00 am PST and will begin with formal introductions to the CPPA committee members:

  • Jennifer M. Urban, CPPA Chairperson
  • Lydia de la Torre, CPPA Board Member
  • Vinhcent Le, CPPA Board Member
  • Angela Sierra, CPPA Board Member
  • Christopher Thompson, CPPA Board Member

Key agenda items include the initial hiring strategy, timelines, and duties which indicate the CPPA is ready to bolster their team to enforce the California Consumer Privacy Act that’s in effect now and in preparation for CPRA enforcement, come 2023. Dan Clarke, Truyo president, found Agenda Item #11 the most telling – Notice to the Attorney General to Assume Rulemaking Authority. “It looks like the CPPA wants to take over long before CPRA goes into effect, which indicates they are going to move on enforcement right out of the gate and will become the CCPA enforcement agency as soon as possible.”

Agenda Item #13 allows time to consider future agenda items so it’s possible that we’ll learn more about topics for the next meeting and gain insight into what’s next for California privacy enforcement. Truyo will share more details as they become available and will follow up with an analysis of the June 14th meeting. Sign up for our newsletter below to have our California Privacy Protection Agency insights delivered right to your inbox.

Ale Johnson
About Ale Johnson
Ale Johnson is the Marketing Content Specialist at Truyo.
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