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law firm alert; detailed comparison of SB 24-205 vs SB 189 scope and compliance implications

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Holland & Knight published a detailed analysis comparing the two laws. SB 24-205 applied to 'high-risk AI systems' and imposed a duty-of-care obligation on developers and deployers. SB 189 replaces this with a disclosure-based 'automated decision-making technology' framework, substantially narrowing scope and shifting the compliance burden from substantive risk management to consumer notice.

“SB 189 represents a fundamental reorientation of Colorado's AI regulatory approach: from risk-based duty of care to transparency-based disclosure.”