In response to 2024 legislative amendments to the Colorado Privacy Act (CPA), Colorado's Department of Law (CO DOL) has issued a Notice of Proposed Rulemaking, proposing draft amendments to the CPA rules (Proposed Rules) designed to clarify and strengthen protections for minors' online personal data.
Companies subject to the Colorado Privacy Act should monitor this process closely, as the new rules will inform compliance planning and requirements. Stakeholders have the opportunity to engage with the CO DOL regarding the Proposed Rules via written comments (due September 5, 2025) or public hearing (scheduled September 10, 2025).
Key Legislative Amendments and Proposed Rules Focusing on Protecting Minors' Online Data
The 2024 legislative amendments to the CPA creates new requirements and prohibitions for controllers that offer an "online service, product, or feature" where the controllers "actually know[] or willfully disregard[]" that the consumer is a minor. A minor is defined as a consumer under the age of 18. These updates to the CPA are set to go into effect on October 1, 2025.
The Proposed Rules—which were filed on July 29, 2025—seek to govern the implementation of these statutory changes. In particular, the Proposed Rules:
- Detail several factors to evaluate if a controller is "willfully disregard[ing]" that a consumer is a minor;
- Identify factors that would determine if a system design feature "significantly increases, sustains, or extends" a minor's use of an online service, product, or feature, which is prohibited under the new framework unless the controller obtains appropriate consent to do so; and
- Outline how the consent process may operate with respect to enabling features that are turned off by default.
Process Updates and Next Steps
This Colorado rulemaking process reflects a growing trend among states to develop child and teen-focused privacy frameworks that establish heightened requirements. Companies should closely monitor this proceeding and these overall trends to ensure their privacy compliance strategies are keeping up with emerging expectations.
Written comments can be submitted through the CPA rulemaking comment portal until September 5, 2025. A public hearing is also scheduled for September 10, 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
