Colorado Senate Bill 41
Session 2024A
Privacy Protections for Children's Online Data
Became Law
Signed by Governor on May 31, 2024
Sponsors
4 Sponsors
Robert Rodriguez
Paul Lundeen
Lisa Frizell
Javier Mabrey
First Action
Jan 10, 2024
Latest Action
May 31, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
41
State
Colorado
Session
2024A
Javier Mabrey
grade
Primary
Lisa Frizell
grade
Primary
Paul Lundeen
grade
Primary
Robert Rodriguez
grade
Primary
Motion Text
REPASS
Senate Roll Call Votes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Excused
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
President
Yes
Yes
Yes
Yes
Summary
Effective October 1. 2025, the act amends the "Colorado Privacy Act" to add enhanced protections when a minor's data is processed and there is a heightened risk of harm to minors. The act applies to any entity that controls consumer personal data (controller) and that conducts business in Colorado or delivers products or services that are targeted at Colorado residents, regardless of the volume of or amount of revenue derived from that activity.
A controller that offers an online service, product, or feature to a consumer who the controller knows or willfully disregards is a minor is required to:
Use reasonable care to avoid any heightened risk of harm to minors caused by the service, product, or feature; and
Conduct, and review as necessary, a data protection assessment for the service, product, or feature if there is a heightened risk of harm to minors and maintain documentation regarding the assessment for a specified period.
Unless the minor or, for a minor who is under 13 years of age, the minor's parent or legal guardian has consented, a controller is prohibited from processing a minor's personal data:
For targeted advertising, selling the minor's personal data, or profiling in furtherance of decisions that produce legal or similarly significant consequences;
For any processing purpose other than the purpose disclosed at the time the minor's personal data is collected or a purpose reasonably necessary for the disclosed processing purpose; or
For longer than reasonably necessary to provide the service, product, or feature.
Absent consent, a controller is also prohibited from:
Using a system design feature to significantly increase, sustain, or extend a minor's use of the service, product, or feature; or
Collecting a minor's precise geolocation, except under specified circumstances.
Neither a controller nor a processor that processes personal data for a controller is required to implement an age verification or age-gating system or otherwise affirmatively verify the age of consumers, and a controller that conducts commercially reasonable age estimation is not liable for an erroneous age estimation.
The attorney general and district attorneys are authorized to enforce the requirements of the act in the same manner as authorized under the "Colorado Privacy Act", including notifying a controller of, and allowing a controller time to cure, a violation.
APPROVED by Governor May 31, 2024
EFFECTIVE October 1, 2025(Note: This summary applies to this bill as enacted.)
Signed Act (05/31/2024)
Final Act (05/14/2024)
Rerevised (05/05/2024)
Revised (05/04/2024)
Reengrossed (04/23/2024)
Engrossed (04/22/2024)
Introduced (01/10/2024)
PA2 (05/02/2024)
PA1 (04/17/2024)
Committee Amendment
Fiscal Note FN2 (07/08/2024)
Fiscal Note FN1 (04/12/2024)
Sort by most recent
05/31/2024
Office of the Governor
Governor Signed
05/15/2024
Office of the Governor
Sent to the Governor
05/14/2024
House
Signed by the Speaker of the House
05/14/2024
Senate
Signed by the President of the Senate
05/06/2024
Senate
Senate Considered House Amendments - Result was to Concur - Repass
05/05/2024
House
House Third Reading Passed - No Amendments
05/04/2024
House
House Second Reading Special Order - Passed with Amendments - Committee
05/03/2024
House
House Second Reading Laid Over Daily - No Amendments
05/01/2024
House
House Committee on Business Affairs & Labor Refer Amended to House Committee of the Whole
04/23/2024
House
Introduced In House - Assigned to Business Affairs & Labor
04/23/2024
Senate
Senate Third Reading Passed - No Amendments
04/22/2024
Senate
Senate Second Reading Passed with Amendments - Committee, Floor
04/19/2024
Senate
Senate Second Reading Laid Over to 04/22/2024 - No Amendments
04/16/2024
Senate
Senate Committee on Business, Labor, & Technology Refer Amended to Senate Committee of the Whole
01/10/2024
Senate
Introduced In Senate - Assigned to Business, Labor, & Technology
Sources
CO Legislature
Record Created
Jan 11, 2024 4:42:12 PM
Record Updated
Jul 8, 2024 6:41:57 PM