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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.

Original Post

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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New Modifications to the CCPA Regulations - What You Should Know

On December 10, 2020, California's Attorney General Xavier Becerra proposed a new set of modifications to the CCPA regulations. The CCPA continues to evolve as these recent changes come less than two months after the last set of proposed changes.  

The latest proposal offers two changes to the October 12, 2020 proposal, which leave the remaining modifications unchanged.

Offline Notifications

The first modification clarifies that it is the sale and not the collection of personal information gathered offline that triggers the offline "Do Not Sell" notice requirement. A business must inform consumers by an offline method of their right to opt-out and provide them instructions on how to submit a request to opt-out of the sale of their data.

For example, a business that sells personal data gathered offline can do so by posting signage in the location the data is collected and direct consumers to where opt-out information can be found online.

If a business sells personal information that it collects over the phone, they can inform consumers of their right to opt-out orally during the call.

Do Not Sell My Personal Information Button

The second modification centers around the "Do Not Sell My Personal Information" button. The button may be used in addition to but not in place of posting the "Do Not Sell My Information" link.

If a business utilizes the "Do Not Sell My Information" button, it must be located on the left of the "Do Not Sell My Information" link and link to the same page.  

Stay tuned for more updates! Truyo will continue to provide you with the latest updates to privacy regulations.

Watch our on-demand webinar covering this topic here.

Monique Becenti
About Monique Becenti
Monique Becenti is the Product Marketing Manager at Truyo. She has deep technical knowledge in technology with an emphasis on data privacy.
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