Stemming from Colorado’s Concerning Consumer Protections in Interactions with Artificial Intelligence Systems Act (the Act), which will impose obligations on developers and deployers of artificial intelligence (AI), the Colorado Artificial Intelligence Impact Task Force recently issued a report outlining potential areas where the Act can be “clarified, refined[,] and otherwise improved.”

The Task Force’s mission is to review issues related to AI and automated detection systems (ADS) affecting consumers and employees. The Task Force met on several occasions and prepared a report summarizing their findings:

• Revise the Act’s definition of the types of decisions that qualify as “consequential decisions,” as well as the definition of “algorithmic discrimination,” “substantial factor,” and “intentional and substantial modification;”
• Revamp the list of exemptions to what qualifies as a “covered decision system;”
• Change the scope of the information and documentation that developers must provide to deployers;
• Update the triggering events and timing for impact assessments as well as changes to the requirements for deployer risk management programs;
• Possible replacement of the duty of care standard for developers and deployers (i.e., consider whether such standard should be more or less stringent);
• Consider whether to minimize or expand the small business exemption (the current exemption under the Act is for businesses with less than 50 employees);
• Consider whether businesses should be provided a cure period for certain types of non-compliance before Attorney General enforcement under the Act; and,
• Revise the trade secret exemptions and provisions related to a consumer’s right to appeal.

As of today, the requirements for AI developers and deployers under the Act go into effect on February 1, 2026. However, the Task Force recommends reconsidering the law’s implementation timing. We will continue to track this first-of-its-kind AI law.