Understanding CPA
The Colorado Privacy Act (CPA) grants Colorado residents distinct rights about their data, setting obligations for data controllers and processors. It shares some similarities with other state laws such as the California Privacy Rights Act (CPRA) and Virginia’s Consumer Data Protection Act (CDPA), as well as draws inspiration from the EU’s General Data Protection Regulation (GDPR). The Colorado Privacy Act (CPA) is applicable to "controllers" that either do business in Colorado or deliberately target their commercial products or services to residents of the state.
Consequences of Non-Compliance
Violating the CPA is categorized as a deceptive trade practice, inviting repercussions under the Colorado Consumer Protection Act. Penalties for infractions vary from $2,000 to $20,000, with potential criminal charges. The CPA enforcement is managed by the Colorado attorney general and district attorneys. However, there's no private right of action, so individuals can't sue businesses for breaches.
Initially, a notice of violation, allowing a 60-day rectification period, will be issued. If the business remains in breach post this period, enforcement actions can be taken. After January 1, 2025, the 60-day cure period will be replaced, allowing violators to seek guidance from the attorney general's office.
Navigating CPA Compliance
The CPA is a pillar in the evolving landscape of data privacy laws, with states like Indiana, Iowa, Tennessee, and Montana following suit. As these laws proliferate, businesses spanning multiple states face the challenge of adhering to this web of regulations.
To maintain compliance, companies should:
- Remain updated on relevant legislation.
- Monitor the progress of these laws in state legislatures.
- Engage legal counsel to interpret new enactments and gauge compliance requirements.
For more information, please refer to the original article.
