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Colorado Finalizes Privacy Act Rules: Key Updates for Businesses

The new year brings with it several state privacy law developments, including the effective dates for comprehensive privacy legislation in Delaware, Iowa, Nebraska and New Hampshire.  The effective date of New Jersey’s new privacy law will follow mid-month, on January 15.  Among this flurry of new state law obligations, however, privacy officers should not lose sight of continuing developments in states that help pioneer the wave of state privacy laws, such as in Colorado.

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UK Operational Resilience Rules: Are You Ready for 31 March 2025?

Several categories of UK financial services firms, including banks, insurers, electronic money institutions, and payment institutions, are required to comply with new requirements on operational resilience beginning 31 March 2025.

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NHTSA Proposes Sweeping Voluntary Program for Vehicles With Automated Driving Systems

On December 19, 2024, the Chief Counsel of the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA or the Agency) signed a notice of proposed rulemaking (NPRM) in which the Agency proposed a sweeping voluntary program relating to the evaluation and oversight of motor vehicles equipped with automated driving systems (ADS). NHTSA defines ADS-equipped vehicles, which can also be called autonomous vehicles (AVs), as vehicles designed to fully perform the driving task without any expectation of an attentive human driver.

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Looking Ahead to 2025 in EU Cybersecurity Developments

As 2024 draws to a close, we look ahead to notable upcoming cyber developments in the new year. From the adoption of new cyber laws to the initiation of infringement proceedings by the European Commission against a number of EU Member States for alleged failures to adequately implement the EU Network and Information Systems Security 2 Directive, the EU continues to emphasize cybersecurity in a rapidly evolving legal and technological environment. There are no signs of this momentum slowing down in 2025.

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Consumer Financial Protection Bureau Releases Proposed Rule on Fair Credit Reporting Act

On December 3, 2024, the U.S. Consumer Financial Protection Bureau (the CFPB) announced a notice of proposed rulemaking that seeks to significantly expand the scope of the Fair Credit Reporting Act and its implementing regulation, Regulation V (collectively, the FCRA), and to impose new requirements on covered parties, such as data brokers (the Proposed Rule).1 If implemented as currently drafted, the Proposed Rule would increase the amount of information defined as a “consumer report” and the number of persons defined as a “consumer reporting agency.” Moreover, it would create new requirements in relation to certain permissible purposes for which a consumer reporting agency may furnish a consumer report to a party.

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CMS Proposes Artificial Intelligence Limits and Utilization Management Guardrails for Medicare Advantage

On December 10, 2024, the Centers for Medicare & Medicaid Services (CMS) published a proposed rule with technical changes for the Medicare Advantage (MA) Program and the Medicare Prescription Drug Benefit Program for Calendar Year 2026 (Proposed Rule). Citing the growing use of Artificial Intelligence (AI) within the healthcare sector and reports that the use of AI may lead to “algorithmic discrimination” that exacerbates inequalities within healthcare, CMS proposes, for the first time, new guardrails that must be adopted by MA plans when using AI to manage patient care. CMS also proposes several reforms addressing utilization management (UM) techniques adopted by MA plans, including requirements for such plans to conduct and report detailed analyses on the use of prior authorizations. Notably, the Proposed Rule primarily modifies MA regulations, without direct application to the Medicare Part D prescription drug program.

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Post-Election Landscape: New Risks, New Opportunities

Sidley thought leaders explored risks and opportunities of a second Trump administration in a “lightning round”, covering key practice areas. Change is coming and along with it, new and fast-paced risks and opportunities.

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Spotlight on Women in Privacy: Esther Silberstein

Check out the November edition of Spotlight on Women in Privacy! Esther Silberstein shares her views on why she loves being a privacy professional, the best professional advice she ever received, what she’s closely watching now, and how she unwinds.

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<a target=‘_blank’ href="https://www.sidley.com/en/people/a/akowuah-kwaku-a">Kwaku A. Akowuah</a>

Kwaku A. Akowuah

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/a/armbrust-sheila-a-g">Sheila A.G. Armbrust</a>

Sheila A.G. Armbrust

San Francisco
<a target=‘_blank’ href="https://www.sidley.com/en/people/b/blythe-francesca">Francesca Blythe</a>

Francesca Blythe

London
<a target=‘_blank’ href="https://www.sidley.com/en/people/b/brown-colleen-theresa">Colleen Theresa Brown</a>

Colleen Theresa Brown

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/c/casanova-john-m">John M. Casanova</a>

John M. Casanova

London
<a target=‘_blank’ href="https://www.sidley.com/en/people/c/cunningham-thomas-d">Thomas D. Cunningham</a>

Thomas D. Cunningham

Chicago

<a target=‘_blank’ href="https://www.sidley.com/en/people/f/flanagan-sharon-r">Sharon R. Flanagan</a>

Sharon R. Flanagan

San Francisco, Palo Alto
<a target=‘_blank’ href="https://www.sidley.com/en/people/g/gordon-david-a">David A. Gordon</a>

David A. Gordon

Chicago
<a target=‘_blank’ href="https://www.sidley.com/en/people/i/ishiara-tomoki">Tomoki Ishiara</a>

Tomoki Ishiara

Tokyo
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/lally-amy-p">Amy P. Lally</a>

Amy P. Lally

Century City
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/lashway-david-c">David C. Lashway</a>

David C. Lashway

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/long-william-rm">William RM Long</a>

William RM Long

London
<a target=‘_blank’ href="https://www.sidley.com/en/people/l/loughnane-joan-m">Joan M. Loughnane</a>

Joan M. Loughnane

New York
<a target=‘_blank’ href="https://www.sidley.com/en/people/m/malhotra-geeta">Geeta Malhotra</a>

Geeta Malhotra

Chicago
<a target=‘_blank’ href="https://www.sidley.com/en/people/n/nash-glenn-g">Glenn G. Nash</a>

Glenn G. Nash

Palo Alto
<a target=‘_blank’ href="https://www.sidley.com/en/people/r/ransom-rollin-a">Rollin A. Ransom</a>

Rollin A. Ransom

Los Angeles
<a target=‘_blank’ href="https://www.sidley.com/en/people/r/raul-alan-charles">Alan Charles Raul</a>

Alan Charles Raul

Washington, D.C., New York
<a target=‘_blank’ href="https://www.sidley.com/en/people/s/seale-jennifer-b">Jennifer B. Seale</a>

Jennifer B. Seale

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/t/tham-yuet-ming">Yuet Ming Tham</a>

Yuet Ming Tham

Singapore, Hong Kong
<a target=‘_blank’ href="https://www.sidley.com/en/people/w/wilan-jonathan-m">Jonathan M. Wilan</a>

Jonathan M. Wilan

Washington, D.C.
<a target=‘_blank’ href="https://www.sidley.com/en/people/w/woods-jr-john-w">John W. Woods Jr.</a>

John W. Woods Jr.

Washington, D.C.

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