Are there any regulations governing the use of user data in digital games?

Yes, there are regulations governing the use of user data in digital games in Colorado. The Colorado Online Privacy Protection Act requires digital game operators that collect personally identifiable information from Colorado residents to provide notice to those residents about how the game operator will use their data. The notice must also include how the data subject can review and delete their data if they choose to do so. The Colorado Children’s Online Privacy Protection Act (COPPA) requires digital game operators, wherever located, that collect personal information from children under the age of 13 to give those children’s parents notice about the information collected and how it will be used, and to obtain the parents’ consent before collecting it. Additionally, the Colorado Creative Software Protection Act of 1993 prohibits the copying or distribution of any software created or developed in Colorado without the permission of the developer. The penalty for violating these provisions is a fine of up to $10,000 or imprisonment for up to one year, or both. Finally, the federal Children’s Online Privacy Protection Act (COPPA) also applies to digital game operators, wherever located, that collect personal information from children under the age of 13. This Act requires digital game operators to give parents notice and obtain parental consent prior to collecting personal information from children under the age of 13. Violations of this law can result in civil penalties of up to $40,000 per violation.

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