CODE OF COLORADO REGULATIONS 4 CCR 904-3
Department of Law – Consumer Protection
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“Solely Automated Processing” means the automated processing of Personal Data with no human
review, oversight, involvement, or intervention.
“Universal Opt-Out Mechanism” or “Universal Opt-Out Mechanisms” means 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 C.R.S. § 6-1-1306 (1)(a)(I)(A) or (1)(a)(I)(B), which meets the technical specifications set forth in 4
CCR 904-3, Rule 5.06 pursuant to C.R.S. § 6-1-1313(2).
PART 3 CONSUMER DISCLOSURES
Rule 3.01 AUTHORITY AND PURPOSE
A. The statutory authority for the rules in this Part 3 is C.R.S. §§ 6-1-108(1) and 6-1-1313. The
purpose of the rules in Part 3 is to ensure that disclosures, notifications, and other
communications to Consumers are clear, accessible, and understandable to Consumers so that
Consumers can understand and exercise the full scope of their rights under the Colorado Privacy
Act, C.R.S. § 6-1-1303, et seq.
Rule 3.02 REQUIREMENTS FOR DISCLOSURES, NOTIFICATIONS, AND OTHER
COMMUNICATIONS TO CONSUMERS
A. Disclosures, notifications, and other communications to Consumers pursuant to 4 CCR 904-3,
Rules 4.02, 4.05(D), 5.03, 6.02, 6.05, and 7.04 must be:
1. Designed to be understandable and accessible to a Controller’s target audiences,
considering the vulnerabilities or unique characteristics of the audience and paying
particular attention to the vulnerabilities of children. For example, they shall use plain,
straightforward language and avoid technical or legal jargon.
2. Reasonably accessible to Consumers with Disabilities, including through the use of digital
accessibility tools. For notices provided online, the Controller shall follow generally
recognized industry standards, such as the Web Content Accessibility Guidelines,
version 2.1 of June 5, 2018, from the World Wide Web Consortium, incorporated herein
by reference as described at 4 CCR 904-3, Rule 11.02. In other contexts, the Controller
shall provide information on how a Consumer with a Disability may access the disclosure
or communication or make a request in an alternative format.
3. Available in the languages in which the Controller in its ordinary course provides web
pages, interfaces, contracts, disclaimers, sale announcements, and other information to
Consumers. Disclosures and communications sent directly to Consumers must be sent in
the language in which the Consumer ordinarily interacts with the Controller.
4. Available through a readily accessible interface regularly used in conjunction with the
Controller’s product or service.
5. Provided in a readable format on all devices through which Consumers normally or
regularly interact with the Controller, including on smaller screens and through mobile
applications, if applicable.
6. Unless otherwise stated, communicated in a manner by which the Controller regularly
interacts with Consumers.
7. Straightforward and accurate, and must not be written or presented in a way that is
unfair, deceptive, false, or misleading.