4 Colo. Code Regs. § 904-3-5.07

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

Section 4 CCR 904-3-5.07 - SYSTEM FOR RECOGNIZING UNIVERSAL OPT-OUT MECHANISMS

A. The Colorado Department of Law shall maintain a public list of Universal Opt-Out Mechanisms that have been recognized to meet the standards of this subsection. The initial list shall be released no later than January 1, 2024 and shall be updated periodically.

B. The goal of the public list is to simplify the options facing Controllers, Consumers, and other actors.

C. To be recognized, a Universal Opt-Out Mechanism must at a minimum meet these standards:

1. Comply with all of the technical and other specifications of Rule 5; and

2. Not create Consumer or Controller confusion about the similarities and differences between Universal Opt-Out Mechanisms on the public list.

D. The Colorado Department of Law may consider additional factors when determining which Universal Opt-Out Mechanisms to recognize. These include but are not limited to:

1. Commercial adoption by Consumers or Controllers;

2. Ease and cost of use, implementation, and detection by Consumers and Controllers;

3. Whether the Universal Opt-Out Mechanism has been approved by a widely recognized, legitimate standards body after broad multistakeholder participation in the standards-making process; and

4. Whether the Universal Opt-Out Mechanism is based on an open system or standard, and whether such standard is free for adoption by device, operating system, browser, and other manufacturers, Controllers, or Consumers without permission or on fair, reasonable, and non-discriminatory terms.

E. The public list shall describe recognized Universal Opt-Out Mechanisms in enough technical detail to permit Controllers to identify them when used by Consumers.

F. The Colorado Department of Law will allow Controllers six (6) months to recognize a Universal Opt-Out Mechanism once that Mechanism is added to the public list.

4 CCR 904-3-5.07

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