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On 1 February 2022, the public consultation closes on the revised draft of the Colorado Privacy Act Rules. The stakeholders were invited to submit comments and provide additional information on the five revised sections of the Rules concerning consumer protection. Firstly, the AG gathered information on the definitions of employer, employee, and employment records, the distinction between commercial and non-commercial products and services, and the definition of loyalty programs. Secondly, stakeholders were asked about ways to authenticate users' physical location, with specific regard to the use of IP addresses. Thirdly, concerning the universal opt-out mechanism mentioned in the rules, the AG asked whether it needs to be defined immediately or if the specifics can be deferred to a collaborative process with stakeholders. The fourth issue was the difference between the provisions originally foreseen by Colorado regarding the obligation for controllers to provide consumers with purpose-based privacy notices and the California Privacy Notice requirements. In this regard, the AG solicits comments aimed at increasing interoperability between the two States' legal regimes. Finally, the focus is brought back to loyalty programs and their connection to the sale of consumers' personal data.
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