reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1302 - [Effective Until 10/1/2025] Legislative declaration

(1)
The general assembly hereby:
(a)
Finds that:
(I)
The people of Colorado regard their privacy as a fundamental right and an essential element of their individual freedom;
(II)
Colorado's constitution explicitly provides the right to privacy under section 7 of article II, and fundamental privacy rights have long been, and continue to be, integral to protecting Coloradans and to safeguarding our democratic republic;
(III)
Ongoing advances in technology have produced exponential growth in the volume and variety of personal data being generated, collected, stored, and analyzed and these advances present both promise and potential peril;
(IV)
The ability to harness and use data in positive ways is driving innovation and brings beneficial technologies to society, but it has also created risks to privacy and freedom; and
(V)
The unauthorized disclosure of personal information and loss of privacy can have devastating impacts ranging from financial fraud, identity theft, and unnecessary costs in personal time and finances to destruction of property, harassment, reputational damage, emotional distress, and physical harm;
(b)
Determines that:
(I)
Technological innovation and new uses of data can help solve societal problems and improve lives, and it is possible to build a world where technological innovation and privacy can coexist; and
(II)
States across the United States are looking to this part 13 and similar models to enact state-based data privacy requirements and to exercise the leadership that is lacking at the national level; and
(c)
Declares that:
(I)
By enacting this part 13, Colorado will be among the states that empower consumers to protect their privacy and require companies to be responsible custodians of data as they continue to innovate;
(II)
This part 13 addresses issues of statewide concern and:
(A)
Provides consumers the right to access, correct, and delete personal data and the right to opt out not only of the sale of personal data but also of the collection and use of personal data;
(B)
Imposes an affirmative obligation upon companies to safeguard personal data; to provide clear, understandable, and transparent information to consumers about how their personal data are used; and to strengthen compliance and accountability by requiring data protection assessments in the collection and use of personal data; and
(C)
Empowers the attorney general and district attorneys to access and evaluate a company's data protection assessments, to impose penalties where violations occur, and to prevent future violations.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1305.5 - [Effective 10/1/2025] Responsibility according to role - processing data of minors

(1)
A processor shall adhere to the instructions of a controller and shall assist the controller to meet the controller's obligations under sections 6-1-1308.5 and 6-1-1309.5, taking into account the nature of the processing and the information available to the processor. The processor shall assist the controller by:
(a)
Taking appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller's obligations under section 6-1-1308.5; and
(b)
Providing information to enable the controller to conduct and document data protection assessments pursuant to section 6-1-1309.5.
(2)
A contract between a controller and a processor must satisfy the requirements in section 6-1-1305 (5).
(3)
Nothing in this section shall be construed to relieve a controller or processor from the liabilities imposed on the controller or processor by virtue of the controller's or processor's role in the processing relationship as described in sections 6-1-1308.5 and 6-1-1309.5.
(4)
Determining whether a person is acting as a controller or processor with respect to a specific processing of data is a fact-based determination that depends upon the context in which personal data is to be processed. A person that is not limited in the person's processing of personal data pursuant to a controller's instructions, or that fails to adhere to the instructions, is a controller and not a processor with respect to a specific processing of data. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor. If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, the processor is a controller with respect to the processing and may be subject to an enforcement action under section 6-1-1311.
Added by 2024 Ch. 296,§ 4, eff. 10/1/2025, app. to conduct occurring on or after the applicable effective date.
2024 Ch. 296, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1307 - Processing de-identified data

(1)
This part 13 does not require a controller or processor to do any of the following solely for purposes of complying with this part 13:
(a)
Reidentify de-identified data;
(b)
Comply with an authenticated consumer request to access, correct, delete, or provide personal data in a portable format pursuant to section
6-1-1306 (1)
, if all of the following are true:
(I)
(A)
The controller is not reasonably capable of associating the request with the personal data; or
(B)
It would be unreasonably burdensome for the controller to associate the request with the personal data;
(II)
The controller does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and
(III)
The controller does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party, except as otherwise authorized by the consumer; or
(c)
Maintain data in identifiable form or collect, obtain, retain, or access any data or technology in order to enable the controller to associate an authenticated consumer request with personal data.
(2)
A controller that uses de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the de-identified data are subject and shall take appropriate steps to address any breaches of contractual commitments.
(3)
The rights contained in section
6-1-1306 (1)(b) to (1)(e)
do not apply to pseudonymous data if the controller can demonstrate that the information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1309 - Data protection assessments - attorney general access and evaluation - definition

(1)
A controller shall not conduct processing that presents a heightened risk of harm to a consumer without conducting and documenting a data protection assessment of each of its processing activities that involve personal data acquired on or after July 1, 2023, that present a heightened risk of harm to a consumer.
(2)
For purposes of this section, "processing that presents a heightened risk of harm to a consumer" includes the following:
(a)
Processing personal data for purposes of targeted advertising or for profiling if the profiling presents a reasonably foreseeable risk of:
(I)
Unfair or deceptive treatment of, or unlawful disparate impact on, consumers;
(II)
Financial or physical injury to consumers;
(III)
A physical or other intrusion upon the solitude or seclusion, or the private affairs or concerns, of consumers if the intrusion would be offensive to a reasonable person; or
(IV)
Other substantial injury to consumers;
(b)
Selling personal data; and
(c)
Processing sensitive data.
(3)
Data protection assessments must identify and weigh the benefits that may flow, directly and indirectly, from the processing to the controller, the consumer, other stakeholders, and the public against the potential risks to the rights of the consumer associated with the processing, as mitigated by safeguards that the controller can employ to reduce the risks. The controller shall factor into this assessment the use of de-identified data and the reasonable expectations of consumers, as well as the context of the processing and the relationship between the controller and the consumer whose personal data will be processed.
(4)
A controller shall make the data protection assessment available to the attorney general upon request. The attorney general may evaluate the data protection assessment for compliance with the duties contained in section
6-1-1308
and with other laws, including this article 1. Data protection assessments are confidential and exempt from public inspection and copying under the "Colorado Open Records Act", part 2 of article
72
of title
24
. The disclosure of a data protection assessment pursuant to a request from the attorney general under this subsection (4) does not constitute a waiver of any attorney-client privilege or work-product protection that might otherwise exist with respect to the assessment and any information contained in the assessment.
(5)
A single data protection assessment may address a comparable set of processing operations that include similar activities.
(6)
Data protection assessment requirements apply to processing activities created or generated after July 1, 2023, and are not retroactive.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1310 - Liability

(1)
Notwithstanding any provision in part 1 of this article 1, this part 13 does not authorize a private right of action for a violation of this part 13 or any other provision of law. This subsection (1) neither relieves any party from any duties or obligations imposed, nor alters any independent rights that consumers have, under other laws, including this article 1, the state constitution, or the United States constitution.
(2)
Where more than one controller or processor, or both a controller and a processor, involved in the same processing violates this part 13, the liability shall be allocated among the parties according to principles of comparative fault.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1311 - [Effective Until 10/1/2025] Enforcement - penalties - repeal

(1)
(a)
Notwithstanding any other provision of this article 1, the attorney general and district attorneys have exclusive authority to enforce this part 13 by bringing an action in the name of the state or as parens patriae on behalf of persons residing in the state to enforce this part 13 as provided in this article 1, including seeking an injunction to enjoin a violation of this part 13.
(b)
Notwithstanding any other provision of this article 1, nothing in this part 13 shall be construed as providing the basis for, or being subject to, a private right of action for violations of this part 13 or any other law.
(c)
For purposes only of enforcement of this part 13 by the attorney general or a district attorney, a violation of this part 13 is a deceptive trade practice.
(d)
Prior to any enforcement action pursuant to subsection (1)(a) of this section, the attorney general or district attorney must issue a notice of violation to the controller if a cure is deemed possible. If the controller fails to cure the violation within sixty days after receipt of the notice of violation, an action may be brought pursuant to this section. This subsection (1)(d) is repealed, effective January 1, 2025.
(2)
The state treasurer shall credit all receipts from the imposition of civil penalties under this part 13 pursuant to section
24-31-108
.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1311 - [Effective 10/1/2025] Enforcement - penalties - repeal

(1)
(a)
Notwithstanding any other provision of this article 1, the attorney general and district attorneys have exclusive authority to enforce this part 13 by bringing an action in the name of the state or as parens patriae on behalf of persons residing in the state to enforce this part 13 as provided in this article 1, including seeking an injunction to enjoin a violation of this part 13.
(b)
Notwithstanding any other provision of this article 1, nothing in this part 13 shall be construed as providing the basis for, or being subject to, a private right of action for violations of this part 13 or any other law.
(c)
For purposes only of enforcement of this part 13 by the attorney general or a district attorney, a violation of this part 13 is a deceptive trade practice.
(d)
(I)
Prior to any enforcement action pursuant to subsection (1)(a) of this section, other than an enforcement action described in subsection (1)(d)(II) of this section, the attorney general or district attorney must issue a notice of violation to the controller if a cure is deemed possible. If the controller fails to cure the violation within sixty days after receipt of the notice of violation, an action may be brought pursuant to this section. This subsection (1)(d)(I) is repealed, effective January 1, 2025.
(II)
Prior to any enforcement action pursuant to subsection (1)(a) of this section to enforce section 6-1-1305.5, 6-1-1308.5, or 6-1-1309.5, the attorney general or district attorney must issue a notice of violation to the controller if a cure is deemed possible. If the controller fails to cure the violation within sixty days after receipt of the notice of violation, an action may be brought pursuant to this section. This subsection (1)(d)(II) is repealed, effective December 31, 2026.
(2)
The state treasurer shall credit all receipts from the imposition of civil penalties under this part 13 pursuant to section
24-31-108
.
Amended by 2024 Ch. 296,§ 5, eff. 10/1/2025, app. to conduct occurring on or after the applicable effective date.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
2024 Ch. 296, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1312 - Preemption - local governments

This part 13 supersedes and preempts laws, ordinances, resolutions, regulations, or the equivalent adopted by any statutory or home rule municipality, county, or city and county regarding the processing of personal data by controllers or processors.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 13 - COLORADO PRIVACY ACT (§§ 6-1-1301 — 6-1-1314) › Section 6-1-1313 - Rules - opt-out mechanism

(1)
The attorney general may promulgate rules for the purpose of carrying out this part 13.
(2)
By July 1, 2023, the attorney general shall adopt rules that detail the technical specifications for one or more universal opt-out mechanisms that clearly communicate a consumer's affirmative, freely given, and unambiguous choice to opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data pursuant to section
6-1-1306 (1)(a)(I)(A) or (1)(a)(I)(B)
. The attorney general may update the rules that detail the technical specifications for the mechanisms from time to time to reflect the means by which consumers interact with controllers. The rules must:
(a)
Not permit the manufacturer of a platform, browser, device, or any other product offering a universal opt-out mechanism to unfairly disadvantage another controller;
(b)
Require controllers to inform consumers about the opt-out choices available under section
6-1-1306 (1)(a)(I)
;
(c)
Not adopt a mechanism that is a default setting, but rather clearly represents the consumer's affirmative, freely given, and unambiguous choice to opt out of the processing of personal data pursuant to section
6-1-1306 (1)(a)(I)(A) or (1)(a)(I)(B)
;
(d)
Adopt a mechanism that is consumer-friendly, clearly described, and easy to use by the average consumer;
(e)
Adopt a mechanism that is as consistent as possible with any other similar mechanism required by law or regulation in the United States; and
(f)
Permit the controller to accurately authenticate the consumer as a resident of this state and determine that the mechanism represents a legitimate request to opt out of the processing of personal data for purposes of targeted advertising or the sale of personal data pursuant to section
6-1-1306 (1)(a)(I)(A) or (1)(a)(I)(B)
.
(3)
By January 1, 2025, the attorney general may adopt rules that govern the process of issuing opinion letters and interpretive guidance to develop an operational framework for business that includes a good faith reliance defense of an action that may otherwise constitute a violation of this part 13. The rules must become effective by July 1, 2025.
Added by 2021 Ch. 483, § 1, eff. 7/1/2023.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 14 - ONLINE MARKETPLACES (§§ 6-1-1401 — 6-1-1404) › Section 6-1-1403 - Enforcement

(1)
(a)
The attorney general and district attorneys have exclusive authority to enforce this part 14 by bringing an action in the name of the state or as parens patriae on behalf of persons residing in the state to enforce this part 14 as provided in part 1 of this article 1.
(b)
Nothing in this part 14 shall be construed as providing the basis for, or subjecting a party to, a private right of action for violations of this part 14 or any other law.
(2)
Unfair and deceptive acts or practices.
A violation of this part 14 is an unfair or deceptive trade practice pursuant to section
6-1-105 (1)(ooo)
.
Added by 2022 Ch. 21, § 1, eff. 1/1/2023.
2022 Ch. 21, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 14 - ONLINE MARKETPLACES (§§ 6-1-1401 — 6-1-1404) › Section 6-1-1404 - Preemption

(1)
A political subdivision shall not establish, mandate, or otherwise require online marketplaces to:
(a)
Verify information from high-volume third-party sellers on a one-time or ongoing basis; or
(b)
Disclose or require the disclosure of information to consumers.
Added by 2022 Ch. 21,§1, eff. 1/1/2023.
2022 Ch. 21, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 15 - CONSUMER RIGHT TO REPAIR (§§ 6-1-1501 — 6-1-1505) › Section 6-1-1501 - Short title

The short title of this part 15 is the "Consumer Repair Bill of Rights Act".
Amended by 2023 Ch. 107,§ 1, eff. 1/1/2024.
Added by 2022 Ch. 327, § 2, eff. 1/1/2023.
2023 Ch. 107, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 327, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 15 - CONSUMER RIGHT TO REPAIR (§§ 6-1-1501 — 6-1-1505) › Section 6-1-1505 - Federal legislation on right to repair agricultural equipment - repeal - notice to revisor

This part 15, as amended by House Bill 23-1011, enacted in 2023, will be repealed if the United States congress enacts federal legislation establishing a right to repair agricultural equipment. The attorney general shall notify the revisor of statutes in writing of the date on which the condition specified in this section has occurred by e-mailing the notice to revisorofstatutes.ga@coleg.gov. This part 15, as amended by House Bill 23-1011, enacted in 2023, is repealed, effective upon the date identified in the notice that the federal legislation was enacted or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.
Added by 2023 Ch. 107,§ 5, eff. 1/1/2024.
2023 Ch. 107, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 17 - ARTIFICIAL INTELLIGENCE (§§ 6-1-1701 — 6-1-1707) › Section 6-1-1704 - Disclosure of an artificial intelligence system to consumer

(1)
On and after February 1, 2026, and except as provided in subsection (2) of this section, a deployer or other developer that deploys, offers, sells, leases, licenses, gives, or otherwise makes available an artificial intelligence system that is intended to interact with consumers shall ensure the disclosure to each consumer who interacts with the artificial intelligence system that the consumer is interacting with an artificial intelligence system.
(2)
Disclosure is not required under subsection (1) of this section under circumstances in which it would be obvious to a reasonable person that the person is interacting with an artificial intelligence system.
Added by 2024 Ch. 198,§ 1, eff. 5/17/2024.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 17 - ARTIFICIAL INTELLIGENCE (§§ 6-1-1701 — 6-1-1707) › Section 6-1-1706 - Enforcement by attorney general

(1)
Notwithstanding section 6-1-103, the attorney general has exclusive authority to enforce this part 17.
(2)
Except as provided in subsection (3) of this section, a violation of the requirements established in this part 17 constitutes an unfair trade practice pursuant to section 6-1-105 (1)(hhhh).
(3)
In any action commenced by the attorney general to enforce this part 17, it is an affirmative defense that the developer, deployer, or other person:
(a)
Discovers and cures a violation of this part 17 as a result of:
(I)
Feedback that the developer, deployer, or other person encourages deployers or users to provide to the developer, deployer, or other person;
(II)
Adversarial testing or red teaming, as those terms are defined or used by the national institute of standards and technology; or
(III)
An internal review process; and
(b)
Is otherwise in compliance with:
(I)
The latest version of the "Artificial Intelligence Risk Management Framework" published by the national institute of standards and technology in the United States department of commerce and standard ISO/IEC 42001 of the International Organization for Standardization;
(II)
Another nationally or internationally recognized risk management framework for artificial intelligence systems, if the standards are substantially equivalent to or more stringent than the requirements of this part 17; or
(III)
Any risk management framework for artificial intelligence systems that the attorney general, in the attorney general's discretion, may designate and, if designated, shall publicly disseminate.
(4)
A developer, A deployer, or other person bears the burden of demonstrating to the attorney general that the requirements established in subsection (3) of this section have been satisfied.
(5)
Nothing in this part 17, including the enforcement authority granted to the attorney general under this section, preempts or otherwise affects any right, claim, remedy, presumption, or defense available at law or in equity. A rebuttable presumption or affirmative defense established under this part 17 applies only to an enforcement action brought by the attorney general pursuant to this section and does not apply to any right, claim, remedy, presumption, or defense available at law or in equity.
(6)
This part 17 does not provide the basis for, and is not subject to, a private right of action for violations of this part 17 or any other law.
Added by 2024 Ch. 198,§ 1, eff. 5/17/2024.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 1 - COLORADO CONSUMER PROTECTION ACT (§§ 6-1-101 — 6-1-1707) › Part 17 - ARTIFICIAL INTELLIGENCE (§§ 6-1-1701 — 6-1-1707) › Section 6-1-1707 - Rules

(1)
The attorney general may promulgate rules as necessary for the purpose of implementing and enforcing this part 17, including:
(a)
The documentation and requirements for developers pursuant to Section 6-1-1702 (2);
(b)
The contents of and requirements for the notices and disclosures required by sections 6-1-1702 (5) and (7); 6-1-1703 (4), (5), (7), and (9); and 6-1-1704;
(c)
The content and requirements of the risk management policy and program required by section 6-1-1703 (2);
(d)
The content and requirements of the impact assessments required by section 6-1-1703 (3);
(e)
The requirements for the rebuttable presumptions set forth in sections 6-1-1702 and 6-1-1703; and
(f)
The requirements for the affirmative defense set forth in section 6-1-1706 (3), including the process by which the attorney general will recognize any other nationally or internationally recognized risk management framework for artificial intelligence systems.
Added by 2024 Ch. 198,§ 1, eff. 5/17/2024.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-101 - Short title

This article shall be known and may be cited as the "Unfair Practices Act".
L. 37: p. 1287, § 14. CSA: C. 48, § 302(13). L. 41: p. 824, § 13. L. 49: p. 349, § 17. CRS 53: § 55-2-17. C.R.S. 1963: § 55-2-17.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-102 - Legislative declaration

The general assembly declares that the purpose of this article is to safeguard the public against the creation or perpetuation of monopolies and to foster and encourage competition by prohibiting unfair and discriminatory practices by which fair and honest competition is destroyed or prevented. This article shall be liberally construed so that its beneficial purposes may be subserved.
L. 41: p. 824, § 12. CSA: C. 48, § 302(12). L. 49: p. 349, § 16. CRS 53: § 55-2-16. C.R.S. 1963: § 55-2-16.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-104 - Personal responsibility

(1)
Any person who, either as director, officer, or agent of any firm or corporation or as agent of any person violating the provisions of this article, assists or aids, directly or indirectly, in such violation shall be responsible equally with the person, firm, or corporation for which he acts.
(2)
In the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for which he acts.
L. 37: p. 1281, § 2. CSA: C. 48, § 302(2). L. 41: p. 821, § 2. L. 49: p. 343, § 2. CRS 53: § 55-2-2. C.R.S. 1963: § 55-2-2.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-105 - Unlawful to sell below cost - definition

(1)
(a)
It is unlawful for any person, partnership, firm, corporation, joint stock company, or other association engaged in business within this state to sell, offer for sale, or advertise for sale any product or service for less than the cost of the product or service with the intent to both injure competitors and destroy competition and where the likely result of such sale would be the acquisition or maintenance of a monopoly. A vendor who violates this section commits a class 2 misdemeanor.
(b)
(Deleted by amendment, L. 2007, p. 514, § 2, effective April 16, 2007.)
(2)
For purposes of this section, "cost" means an appropriate determination of cost that is consistent with federal court interpretations of cost in federal predatory pricing cases under the federal "Sherman Act",
15 U.S.C. sec. 1
et seq.
(3)
(Deleted by amendment, L. 2008, p. 2244, § 1, effective June 5, 2008.)
Amended by 2021 Ch. 462, § 58, eff. 3/1/2022.
L. 37: p. 1282, § 3. CSA: C. 48, § 302(3). L. 41: p. 821, § 3. L. 49: p. 343, § 3. CRS 53: § 55-2-3. C.R.S. 1963: § 55-2-3. L. 93: (1) amended, p. 1273, § 1, effective July 1. L. 2007: (1) and (2) amended, p. 514, § 2, effective April 16. L. 2008: Entire section amended, p. 2244, § 1, effective June 5.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-106 - How cost established

In establishing the cost of a given product to the distributor and vendor, the invoice cost of the product purchased at a forced, bankrupt, closeout sale, or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement cost as of date of said sale of the product replaced through the ordinary channels of trade, unless the product is kept separate from goods purchased in the ordinary channels of trade and unless the product is advertised and sold as merchandise purchased at a forced, bankrupt, closeout sale, or by means other than through the ordinary channels of trade. The advertising shall state the conditions under which said goods were purchased and the quantity of such merchandise to be sold or offered for sale.
L. 37: p. 1283, § 4. CSA: C. 48, § 302(4). L. 41: p. 822, § 4. L. 49: p. 344, § 4. CRS 53: § 55-2-4. C.R.S. 1963: § 55-2-4. L. 2007: Entire section amended, p. 514, § 3, effective April 16.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-107 - Allegation and proof - evidence

In any injunction proceeding or in the prosecution of any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for which he acts. Where a particular trade or industry of which the person, firm, or corporation complained against is a member has an established cost survey for the locality and vicinity in which the offense is committed, the cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm, or corporation complained against within the provisions of this article.
L. 37: p. 1283, § 5. CSA: C. 48, § 302(5). L. 41: p. 822, § 5. L. 49: p. 344, § 5. CRS 53: § 55-2-5. C.R.S. 1963: § 55-2-5.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-108 - Secret rebates or refunds prohibited

The secret payment or allowance of rebates, refunds, commissions, or unearned discounts, whether in the form of money or otherwise, or secretly extending to certain purchasers special services or privileges not extended to all purchasers upon like terms and conditions, to the injury of a competitor and where such payment or allowance tends to destroy competition, is an unfair trade practice. Any person, firm, partnership, corporation, or association resorting to such unfair trade practice commits a class 2 misdemeanor.
Amended by 2021 Ch. 462,§ 59, eff. 3/1/2022.
L. 37: p. 1284, § 7. CSA: C. 48, § 302(7). L. 41: p. 823, § 7. L. 49: p. 345, § 7. CRS 53: § 55-2-7. C.R.S. 1963: § 55-2-7.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-109 - Contract illegal - when

Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of sections
6-2-103
to
6-2-108
is an illegal contract, and no recovery thereon shall be had; except that no part of this article shall prevent the payment of patronage refunds by cooperative agencies or associations existing and operating under the laws of this state.
L. 37: p. 1285, § 9. CSA: C. 48, § 302(8). L. 41: p. 823, § 8. L. 49: p. 345, § 8. CRS 53: § 55-2-8. C.R.S. 1963: § 55-2-8.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-110 - When provisions not applicable

(1)
The provisions of sections
6-2-105
to
6-2-107
shall not apply to any sale made:
(a)
In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in any such stock or commodity, and in the case of the sale of seasonal goods or the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, if notice is given to the public thereof;
(b)
When the goods are damaged or deteriorated in quality and notice is given to the public thereof;
(c)
By an officer acting under the orders of any court;
(d)
In an endeavor made in good faith to meet the prices of a competitor selling the same product or service in the same locality or trade area.
(2)
Any person, firm, or corporation who performs work upon, renovates, alters, or improves any personal property belonging to another person, firm, or corporation shall be construed to be a vendor within the meaning of this article.
L. 37: p. 1283, § 6. CSA: C. 48, § 302(6). L. 41: p. 822, § 6. L. 49: p. 344, § 6. CRS 53: § 55-2-6. C.R.S. 1963: § 55-2-6. L. 2007: (1)(d) amended, p. 514, § 4, effective April 16.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-112 - Testimony - books and records

In an action brought under this article, any defendant may be required to testify under subpoena duly issued in pursuance to the Colorado rules of civil procedure, and the books and records of any such defendant may be brought into court and introduced into evidence. No information so obtained may be used against the defendant as a basis for a misdemeanor prosecution under the provisions of this article.
L. 49: p. 347, § 10. CSA: C. 48, § 302(9a). CRS 53: § 55-2-10. C.R.S. 1963: § 55-2-10.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-113 - Selling below cost

For the purposes of this article, in all sales involving more than one product or service and in all sales involving the giving of any concession of any kind, the combined total selling price of all products or services shall be compared to the combined total cost of all products or services involved in the sales to determine whether the vendor or distributor is selling below cost.
L. 49: p. 347, § 11. CSA: C. 48, § 302(9b). CRS 53: § 55-2-11. C.R.S. 1963: § 55-2-11. L. 2007: Entire section amended, p. 514, § 5, effective April 16.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-114 - Advertising goods not available

It is unlawful for any person, firm, or corporation engaged in business within the state of Colorado to advertise goods, wares, or merchandise which they are not prepared and able to supply to the consuming public in pursuance of such advertisement.
L. 49: p. 347, § 12. CSA: C. 48, § 309(9c). CRS 53: § 55-2-12. C.R.S. 1963: § 55-2-12.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-115 - [Repealed]

L. 49: p. 348, § 13. CSA: C. 48, § 302(9d). CRS 53: § 55-2-13. C.R.S. 1963: § 55-2-13. L. 2007: Entire section repealed, p. 515, § 6, effective April 16.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-115.5 - State agencies - authority to contract with private enterprise

(1)
Any state agency which is provided goods or services or which provides goods to the public, including manufacturing, processing, selling, offering for sale, renting, leasing, delivering, distributing, or advertising, shall determine if such goods can also be provided for by contract with private persons, partnerships, or corporations or any other type of private enterprise.
(2)
Whenever a state agency determines that goods provided by it to the public can be more cost-effectively delivered by contract with private enterprise, or whenever a state agency determines that goods can be provided to it more cost-effectively by contract with private enterprise, such state agency is authorized to enter into a contract, in accordance with the "Procurement Code", articles
101
to
112
of title
24
, C.R.S., to obtain such goods.
(3)
The provisions of subsections (1) and (2) of this section do not apply to the division of correctional industries products and services as long as such products and services are of comparable price and quality.
L. 83: Entire section added, p. 395, § 1, effective June 3.
For the requirements concerning purchasing by state agencies of correctional industries goods and services, see article 24 of title 17.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-116 - Penalty

Any person, firm, or corporation, whether as principal, agent, officer, or director, for himself, herself, or itself, or for another person, or for any firm or corporation who violates any of the provisions of sections
6-2-103
to
6-2-108
or section
6-2-110
commits a class 2 misdemeanor for each single violation.
Amended by 2021 Ch. 462,§ 60, eff. 3/1/2022.
L. 37: p. 1286, § 11. CSA: C. 48, § 302(10). L. 41: p. 824, § 10. L. 49: p. 349, § 14. CRS 53: § 55-2-14. C.R.S. 1963: § 55-2-14.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2 - UNFAIR PRACTICES ACT (§§ 6-2-101 — 6-2-117) › Section 6-2-117 - Remedies cumulative

The remedies prescribed in this article are cumulative.
L. 41: p. 824, § 11. CSA: C. 48, § 302(11). L. 49: p. 349, § 15. CRS 53: § 55-2-15. C.R.S. 1963: § 55-2-15.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2.5 - [Repealed] COLORADO JUNK EMAIL LAW (§ 6-2.5-101) › Section 6-2.5-101 - to 6-2.5-105 - [Repealed]

L. 2008: Entire article repealed, p. 596, § 3, effective August 5.
This article was added in 2000 and was not amended prior to its repeal in 2008. For the text of this article prior to 2008, consult the 2007 Colorado Revised Statutes.
For the "Spam Reduction Act of 2008", see § 6-1-702.5 .
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2.7 - INTERNET EVIDENCE FOR LAW ENFORCEMENT INVESTIGATIONS (§§ 6-2.7-101 — 6-2.7-103) › Section 6-2.7-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Court order" means an order for the release of information, including but not limited to a subpoena, court order, search warrant, or summons.
(2)
"Internet access provider" means an entity that provides electronic communications as defined in
18 U.S.C. sec. 2510
or remote computing services as defined in
18 U.S.C. sec. 2711
to customers in Colorado. "Internet access provider" shall not include noninternet-based communications.
Amended by 2022 Ch. 421,§13, eff. 8/10/2022.
L. 2006: Entire article added, p. 2057, § 9, effective October 1.
2022 Ch. 421, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 2.7 - INTERNET EVIDENCE FOR LAW ENFORCEMENT INVESTIGATIONS (§§ 6-2.7-101 — 6-2.7-103) › Section 6-2.7-103 - Internet evidence - failure to release or preserve - civil penalty

(1)
An internet access provider that fails to comply with the requirements in section
6-2.7-102(1) or (2)
shall be liable for payment of a civil penalty of up to two thousand five hundred dollars for each incidence of noncompliance; except that the internet access provider shall be liable for payment of up to ten thousand dollars for a third and subsequent incidence of noncompliance that occurs within a twelve-month period. The state attorney general is authorized to bring suit in a court of competent jurisdiction for enforcement of the provisions of this subsection (1).
(2)
Except as otherwise provided in subsection (1) of this section, an internet access provider's failure to comply with the requirements specified in section
6-2.7-102
shall not result in further civil liability to the state.
L. 2006: Entire article added, p. 2059, § 9, effective October 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 3 - [Repealed] FAIR TRADE ACT (§ 6-3-101) › Section 6-3-101 - to 6-3-106 - [Repealed]

L. 75: Entire article repealed, p. 261, § 1, effective July 1.
This article was numbered as article 1 of chapter 55, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-101 - Short title

The short title of this article 4 is the "Colorado State Antitrust Act of 2023".
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 236, § 1, effective July 1.
2023 Colorado Revised Statutes › Title 6 - CONSUMER AND COMMERCIAL AFFAIRS (§§ 6-1-101 — 6-28-102) › FAIR TRADE AND RESTRAINT OF TRADE (§§ 6-1-101 — 6-6.5-101) › Article 4 - COLORADO ANTITRUST ACT OF 2023 (§§ 6-4-101 — 6-4-122) › Section 6-4-102 - Legislative declaration

(1)
The general assembly finds and declares that:
(a)
Competition is fundamental to:
(I)
The free market system; and
(II)
A healthy marketplace that protects workers and consumers; and
(b)
The unrestrained and fair interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality commodities and services, and the greatest material progress while at the same time providing an environment that is conducive to the preservation of our democratic, political, and social institutions and to the protection of consumers.
Amended by 2023 Ch. 427,§ 2, eff. 6/7/2023.
L. 92: Entire article R&RE, p. 236, § 1, effective July 1.