4 Colo. Code Regs. § 904-3.02

Current through Register Vol. 47, No. 16, August 25, 2024

Section 4 CCR 904-3.02 - 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.

4 CCR 904-3.02

46 CR 06, March 25, 2023, effective 7/1/2023