Colorado § 6-30-105 - Applicability - limitations.

§ 6-30-105. Applicability - limitations.

[Editor's note: This section is effective July 1, 2028.]

(1) This article 30 does not:

(a) Modify, impair, or supersede any antitrust law, including the "Colorado State Antitrust Act of 2023", article 4 of this title 6; or

(b) Require the collection of additional personal data from device owners or device users that is not necessary to comply with this article 30.

(2) An operating system provider or covered application store shall not discriminate in complying with this article 30. Discrimination in complying with this article 30 includes:

(a) Imposing less stringent restrictions and obligations on its own applications and application distribution than it does on those from third-party applications or application distributors; or

(b) Using nonpublicly available data collected from a third party in the course of compliance with this article 30 to compete against that third party, give the covered application store's services preference relative to those of a third party, or use the nonpublicly available data in an anticompetitive manner in violation of applicable law.

(3) This article 30 does not apply to:

(a) A broadband internet access service, as defined in section 40-15-209 (4)(a);

(b) A telecommunications service, as defined in 47 U.S.C. sec. 153 (53);

(c) The delivery of or use of a physical product;

(d) Data maintained by a state institution of higher education, as defined in section 23-18-102 (10); the state; a subdivision of the state; the judicial department of the state; or a county, city and county, or municipality if the data is collected, maintained, disclosed, communicated, and used as authorized by state and federal law for noncommercial purposes; or

(e) An operating system provider or developer that distributes an operating system or application under license terms that permit a recipient to copy, redistribute, and modify the software without any platform-imposed technical or contractual restrictions imposed by the provider or developer on installing all modified versions.

(4) This article 30 does not impose liability that arises from the use of a device or application by an individual who is not the user to whom an age signal pertains on an operating system provider, a covered application store, or a developer.

(5) Notwithstanding any provision of this article 30 to the contrary, this article 30 does not apply to a developer if the predominant or exclusive function of the covered application that the developer writes, creates, maintains, or controls is:

(a) Facilitating communication within a business or an enterprise among employees or affiliates of the business or enterprise, so long as access to the covered application is restricted to employees or affiliates of the business or enterprise;

(b) Providing enterprise software functions used by businesses, governments, or nonprofit organizations; or

(c) Providing or obtaining technical support for a software platform, product, or service.

Source: L. 2026: Entire article added, (SB 26-051), ch. 343, p. 2091, § 2, effective July 1, 2028.