Does Colorado ADMT Act (SB 26-189) require Transparency & Disclosure?
Colorado • enacted
Yes — 2 provisions
Requirements at a glance
This regulation imposes 11 specific requirements for Transparency & Disclosure across 2 provisions:
- Use statement — Developers must provide deployers a general statement of intended uses and known harmful or inappropriate uses of the covered ADMT (§ 6-1-1702(1)(a))
- Training data categories — Describe categories of data, including personal data, used to train the covered ADMT, to the extent known (§ 6-1-1702(1)(b))
- Known limitations — Disclose known limitations, risks, and circumstances in which the ADMT should not be used (§ 6-1-1702(1)(c))
- Human-review instructions — Provide instructions for the deployer's appropriate use, monitoring, and meaningful human review where applicable (§ 6-1-1702(1)(d))
- Deployer-compliance info — Provide information reasonably necessary for the deployer to comply with § 6-1-1704; notify the deployer if information is withheld (§ 6-1-1702(1)(e))
- Update notices — Provide notice of material updates, substantial modifications, and changes to intended use/limitations/risk mitigation within a reasonable time; public release notes permitted with direct notice (§ 6-1-1702(2))
- Recordkeeping — Retain records (version identifiers, changelogs, update notices) for not less than 3 years to demonstrate compliance (§ 6-1-1702(4))
- Point-of-interaction notice — Before using covered ADMT to materially influence a consequential decision, provide a clear and conspicuous notice to the consumer with instructions for obtaining additional information (§ 6-1-1704(1))
- Public-posting option — Compliance permitted via a prominent public notice reasonably accessible and proximate to the interaction/transaction (§ 6-1-1704(2))
- Post-adverse disclosure (30 days) — After an adverse outcome, within 30 days provide a plain-language description of the decision and the ADMT's role; a simple process to request ADMT/input details; and an explanation of § 6-1-1705 consumer rights (§ 6-1-1704(3))
- AG rulemaking — AG to adopt rules on or before 2027-01-01 clarifying post-adverse disclosure content and sector-specific guidance (§ 6-1-1704(4))
Developer Documentation #
Requirements
| Requirement | Details |
|---|---|
| Use statement | Developers must provide deployers a general statement of intended uses and known harmful or inappropriate uses of the covered ADMT (§ 6-1-1702(1)(a)) |
| Training data categories | Describe categories of data, including personal data, used to train the covered ADMT, to the extent known (§ 6-1-1702(1)(b)) |
| Known limitations | Disclose known limitations, risks, and circumstances in which the ADMT should not be used (§ 6-1-1702(1)(c)) |
| Human-review instructions | Provide instructions for the deployer's appropriate use, monitoring, and meaningful human review where applicable (§ 6-1-1702(1)(d)) |
| Deployer-compliance info | Provide information reasonably necessary for the deployer to comply with § 6-1-1704; notify the deployer if information is withheld (§ 6-1-1702(1)(e)) |
| Update notices | Provide notice of material updates, substantial modifications, and changes to intended use/limitations/risk mitigation within a reasonable time; public release notes permitted with direct notice (§ 6-1-1702(2)) |
| Recordkeeping | Retain records (version identifiers, changelogs, update notices) for not less than 3 years to demonstrate compliance (§ 6-1-1702(4)) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Deceptive trade practice under the Colorado Consumer Protection Act; AG enforcement only, 60-day right to cure (only where the AG deems cure possible; unavailable for knowing or repeated violations, § 6-1-1706(3)(c); the whole cure subsection is repealed 2030-01-01, § 6-1-1706(3)(f)); no private right of action |
Sources: SB 26-189 Signed Act
Deployer Disclosures & Post-Adverse Notice #
Requirements
| Requirement | Details |
|---|---|
| Point-of-interaction notice | Before using covered ADMT to materially influence a consequential decision, provide a clear and conspicuous notice to the consumer with instructions for obtaining additional information (§ 6-1-1704(1)) |
| Public-posting option | Compliance permitted via a prominent public notice reasonably accessible and proximate to the interaction/transaction (§ 6-1-1704(2)) |
| Post-adverse disclosure (30 days) | After an adverse outcome, within 30 days provide a plain-language description of the decision and the ADMT's role; a simple process to request ADMT/input details; and an explanation of § 6-1-1705 consumer rights (§ 6-1-1704(3)) |
| AG rulemaking | AG to adopt rules on or before 2027-01-01 clarifying post-adverse disclosure content and sector-specific guidance (§ 6-1-1704(4)) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Deceptive trade practice under the Colorado Consumer Protection Act; AG enforcement only, 60-day right to cure (only where the AG deems cure possible; unavailable for knowing or repeated violations, § 6-1-1706(3)(c); the whole cure subsection is repealed 2030-01-01, § 6-1-1706(3)(f)); no private right of action |
Sources: SB 26-189 Signed Act