Does Colorado Conversational AI Service Operator Requirements (HB 26-1263) require Transparency & Disclosure?
Colorado • enacted
Yes — 2 provisions
Requirements at a glance
This regulation imposes 12 specific requirements for Transparency & Disclosure across 2 provisions:
Artificiality disclosure — Clearly and conspicuously disclose to the minor account holder or minor user that they are interacting with artificial intelligence that is artificially generated and not human (§ 6-1-1708(2)(a))
Prompt-responsive delivery — The disclosure must be provided in response to user prompts regarding whether the service is artificially generated and not human (§ 6-1-1708(2)(a))
Screen products — A persistent visible disclaimer for a product with a screen interface (§ 6-1-1708(2)(a)(I))
Screenless products — An intermittent audio disclaimer for a product without a screen interface (§ 6-1-1708(2)(a)(II))
Cadence — Provided at the beginning of each interaction and at least once every three hours in a continuous interaction (§ 6-1-1708(2)(a)(III))
Artificiality disclosure — Clearly and conspicuously disclose to a user that the conversational AI service is artificial intelligence (§ 6-1-1708(3))
Daily first-interaction timing — Provide the disclosure at the beginning of a user's first interaction with the service for each day of interaction (§ 6-1-1708(3)(a))
Three-hour or persistent cadence — The disclosure must appear at least once every three hours in a continuous interaction, or appear as a persistent disclosure visible to the user (§ 6-1-1708(3)(b))
Prompt-responsive delivery — The disclosure must be provided in response to user prompts regarding whether the service is artificially generated and not human (§ 6-1-1708(3)(c))
No professional-equivalence claims — Do not use any term, letter, or phrase in advertising, the interface, or outputs stating that output data is provided by, endorsed by, or equivalent to services provided by a licensed health-care professional, a licensed legal professional, or a licensed, certified, or registered mental health professional (§ 6-1-1708(5)(a)-(c))
Dietitian claims — The same bar covers claims of equivalence to a qualified dietitian as described in § 6-1-707(1)(b) (§ 6-1-1708(5)(d))
Savings clauses — Nothing in the section limits constitutional information access, requires disclosure of trade secrets or protected confidential information, or authorizes content moderation inconsistent with the United States Constitution (§ 6-1-1708(7)(a)-(c))
Operators that know an account holder or user of a conversational AI service is a minor, i.e. a consumer under eighteen (§ 6-1-1701(15.3), § 6-1-1708(2))
upcoming
The disclosure duty is written as prompt-responsive first — it "must be provided in response to user prompts regarding whether the service is artificially generated and not human" — and then specifies the delivery form by product type: a persistent visible disclaimer on screen products, an intermittent audio disclaimer on screenless products, or beginning-of-interaction plus a three-hour cadence. Colorado gives minors the same three-hour interval as adults, unlike Washington ESHB 2225, which drops the minor cadence to one hour.
Requirements
Requirement
Details
Artificiality disclosure
Clearly and conspicuously disclose to the minor account holder or minor user that they are interacting with artificial intelligence that is artificially generated and not human (§ 6-1-1708(2)(a))
Prompt-responsive delivery
The disclosure must be provided in response to user prompts regarding whether the service is artificially generated and not human (§ 6-1-1708(2)(a))
Screen products
A persistent visible disclaimer for a product with a screen interface (§ 6-1-1708(2)(a)(I))
Screenless products
An intermittent audio disclaimer for a product without a screen interface (§ 6-1-1708(2)(a)(II))
Cadence
Provided at the beginning of each interaction and at least once every three hours in a continuous interaction (§ 6-1-1708(2)(a)(III))
Penalties
Violation
Fine
Enforcement route
Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General
Operators of any conversational AI service, as to every user regardless of age (§ 6-1-1708(3), § 6-1-1708(5))
upcominghigh-impact
The general disclosure is unconditional — there is no reasonable-person trigger, so a plainly artificial service still discloses. Colorado's daily-reset cadence is distinctive: the disclosure is owed at the beginning of the user's first interaction for each day of interaction, then either every three hours in a continuous interaction or as a persistent visible disclosure. The false-representation bar at § 6-1-1708(5) covers four named professions — licensed health-care professionals, licensed legal professionals, licensed, certified, or registered mental health professionals, and qualified dietitians as described in § 6-1-707(1)(b) — and reaches advertising and interface copy as well as model outputs. Section 6-1-1708(7) preserves constitutional information access, does not require disclosure of trade secrets or confidential information, and does not authorize content moderation inconsistent with the United States Constitution.
Requirements
Requirement
Details
Artificiality disclosure
Clearly and conspicuously disclose to a user that the conversational AI service is artificial intelligence (§ 6-1-1708(3))
Daily first-interaction timing
Provide the disclosure at the beginning of a user's first interaction with the service for each day of interaction (§ 6-1-1708(3)(a))
Three-hour or persistent cadence
The disclosure must appear at least once every three hours in a continuous interaction, or appear as a persistent disclosure visible to the user (§ 6-1-1708(3)(b))
Prompt-responsive delivery
The disclosure must be provided in response to user prompts regarding whether the service is artificially generated and not human (§ 6-1-1708(3)(c))
No professional-equivalence claims
Do not use any term, letter, or phrase in advertising, the interface, or outputs stating that output data is provided by, endorsed by, or equivalent to services provided by a licensed health-care professional, a licensed legal professional, or a licensed, certified, or registered mental health professional (§ 6-1-1708(5)(a)-(c))
Dietitian claims
The same bar covers claims of equivalence to a qualified dietitian as described in § 6-1-707(1)(b) (§ 6-1-1708(5)(d))
Savings clauses
Nothing in the section limits constitutional information access, requires disclosure of trade secrets or protected confidential information, or authorizes content moderation inconsistent with the United States Constitution (§ 6-1-1708(7)(a)-(c))
Penalties
Violation
Fine
Enforcement route
Added to part 17 of article 1 of title 6, so enforcement runs through the Colorado Consumer Protection Act with the Attorney General
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