Under the Colorado Privacy Act (“CPA”), consumers have express rights to opt out of the sale of personal data as well as the processing of personal data for targeted advertising. Effective July 1, 2024, organizations covered under the CPA must allow consumers to opt out using a universal opt out mechanism (“UOOM”).
Under the implementing rules filed with the Secretary of State on March 15, 2023, CPA Rule 5.07 provides that the Attorney General will “maintain a public list of University Opt-Out Mechanism that have been recognized to meet the standards of this subsection”, and that such list will be “released no later than January 1, 2024, and shall be updated periodically.
The Colorado Department of Law accepted applications from potential UOOMs from October 5 to November 6, 2023 and has narrowed the applications down to a short list of 3 potential UOOM applications for consideration. The Attorney General is now seeking public comments on the 3 respective applications. Comments will be accepted until 11:59pm MST on December 11, 2023.
These include the following UOOMs:
- “OptOutCode” Application. Comments on this application may be submitted here;
- “Global Privacy Control” Application; Comments on this application may be submitted here; and
- “Opt-Out Machine” Application. Comments on this application may be submitted here.