What Privacy Laws Could Apply to Small Businesses in Colorado?

The most frequently-asked question I encounter as a privacy law practitioner in Colorado is:

What privacy laws could apply to my small business?

So, I put together the attached table. It’s by no means exhaustive, but it does give some of the most common triggers for five key privacy laws that might apply to Colorado businesses: the California Consumer Privacy Act (CCPA), the EU’s General Data Privacy Regulation (GDPR), the U.S.’s Video Privacy Protection Act (VPPA), and the U.S.’s Children’s Online Privacy Protection Act (COPPA).

Astute readers will notice that these five major laws say very little about how to implement the security standards they demand. That’s the subject of my next post. For now, enjoy a highly condensed guide to applicability for some of the key privacy laws affecting Colorado businesses today!

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Are you a small business in Colorado wondering what all these acronyms mean? Contact SK&S privacy attorney Thomas Codevilla at Codevilla@skandslegal.com or 720-608-4799. Thomas has extensive experience in CCPA, VPPA, CDPA, GDPR, and COPPA compliance.

[1] GDPR Article 3; Practice Note, Determining the Applicability of the GDPR (W-003-8899).  [2] GDPR Article 4(1).  [3] GDPR Article 3.  [4] Cal. Civ. Code § 1798.140(c). Note that all of the applicability triggers for the CCPA could apply to a Colorado business with no physical presence in California.  [5] Cal. Civ. Code §1798.140.  [6] Complying with COPPA: Frequently Asked Questions, Federal Trade Commission  https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions#General%20Questions  (last visited August 5, 2019).  [7] FTC Seeks Comments on Children’s Online Privacy Protection Act.  https://www.ftc.gov/news-events/press-releases/2019/07/ftc-seeks-comments-childrens-online-privacy-protection-act-rule  (last visited August 5, 2019).  [8] Complying with COPPA: Frequently Asked Questions, Federal Trade Commission  https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions#General%20Questions  (last visited August 5, 2019)  [9] 18 U.S.C. §2710(a)  [10] 18 U.S.C. §2710(a)(3)  [11] 18 U.S.C. §2710(a)(4)  [12] 18 U.S.C. §2710(e)  [13] Colo. Rev. Stat. §6-1-713 et seq.  [14] Colo. Rev. Stat. §6-1-713(2)(b).  [15] Colo. Rev. Stat. §6-1-713(1).  [16] Colo. Rev. Stat. §6-1-713.5(1).

[1] GDPR Article 3; Practice Note, Determining the Applicability of the GDPR (W-003-8899).

[2] GDPR Article 4(1).

[3] GDPR Article 3.

[4] Cal. Civ. Code § 1798.140(c). Note that all of the applicability triggers for the CCPA could apply to a Colorado business with no physical presence in California.

[5] Cal. Civ. Code §1798.140.

[6] Complying with COPPA: Frequently Asked Questions, Federal Trade Commission https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions#General%20Questions (last visited August 5, 2019).

[7] FTC Seeks Comments on Children’s Online Privacy Protection Act. https://www.ftc.gov/news-events/press-releases/2019/07/ftc-seeks-comments-childrens-online-privacy-protection-act-rule (last visited August 5, 2019).

[8] Complying with COPPA: Frequently Asked Questions, Federal Trade Commission https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions#General%20Questions (last visited August 5, 2019)

[9] 18 U.S.C. §2710(a)

[10] 18 U.S.C. §2710(a)(3)

[11] 18 U.S.C. §2710(a)(4)

[12] 18 U.S.C. §2710(e)

[13] Colo. Rev. Stat. §6-1-713 et seq.

[14] Colo. Rev. Stat. §6-1-713(2)(b).

[15] Colo. Rev. Stat. §6-1-713(1).

[16] Colo. Rev. Stat. §6-1-713.5(1).

Thomas Codevilla