OVERVIEW OF LEGISLATION AT THE NATIONAL LEVEL
As of April 2024, eight Member States have taken legal measures to counter financial discrimination against cancer survivors. France was the first to act on the matter and passed a law on the Right to be Forgotten for cancer survivors in January 2016, Belgium followed suit in March 2018. From January 2021, the Netherlands adopted the ‘clean-slate policy’, implementing the Right to be Forgotten, with the Portuguese policymakers adopting the law in January 2022. Romania passed a similar law in July 2022, making it a pioneering country in the CEE region. The most recent EU countries which adopted the law are Spain (July 2023), Cyprus (November 2023) and Italy (December 2023).
Adopted legislative pieces vary depending on the implementing country, rendering it challenging to develop an EU-wide definition of the right to be forgotten. The common point, however, remains the same: to protect cancer survivors against financial discrimination, after a specific period has passed.
For individuals who were diagnosed with cancer as adults, the situation is as follows: adults’ medical history would be forgotten after 10 years (the Netherlands, Portugal, Italy, Cyprus), 8 years (Belgium), 7 years (Romania) or 5 years (France and Spain) and without any evidence of relapse or recurrence.
Special conditions were developed in some countries for young people, offering shorter delays. In Romania, if cancer was diagnosed before the age of 18, the right to be forgotten would apply from 5 years after the end of treatment. In Belgium, the Netherlands, Portugal and Cyprus, a similar shorter period applies for a diagnosis before the age of 21.
In addition, France, Belgium and the Netherlands have developed reference grids that provide specific conditions for non-invasive cancers, shortening the time between the end of treatment and the application of the right to be forgotten. These lists include specific conditions and shorter delays for cancers with an excellent prognosis. These lists of exceptions are reviewed either annually or every 2 years according to medical progress and statistics (mortality rate).
Some countries foresee maximum amounts that can be borrowed for cancer survivors to benefit from the law. In the Netherlands for example, mortgages cannot exceed 278.004€ (adjusted once every three years) per person, while there is no limit in Belgium.
Belgium is the only country with a legal framework in place where cancer survivors are obligated to communicate their cancer history for all insurance (in France, Spain, Romania, the Netherlands and Portugal, cancer survivors have the right not to disclose it when applying for life insurance). In France, the situation has evolved through the years, and now cancer survivors are exempt from notifying their cancer history in medical questionnaires after the five-year recovery period for the insurance contracts occurring before the borrower’s 71st birthday, and for any loan with a maximum amount of 200,000€ per person and when the loan matures before the loaner’s 60th birthday, medical questionnaires are abandoned.
Other countries have adopted non-legislative frameworks which take the form of Conventions between the government and insurers (Luxembourg) and self-regulatory codes of conduct (Ireland, Denmark, Czechia).
Click on the map below to find more information about existing provisions throughout the EU.
MEASURES IN PLACE IN THE EU (click on individual countries for more details)
Austria
No initiatives.
Belgium
Belgium introduced the Right to be Forgotten legislation in April 2019, which came into effect in February 2020. Under the current law, discrimination based on a cancer diagnosis is prohibited after a period of 8 years (and 5 years for when cancer was diagnosed before the age of 21), a duration set to be reduced to 5 years in January 2025. Additionally, the Belgian law includes a reference grid, which foresees shorter durations for specific cancer types. In 2022 a law was introduced, extending the application of the Right to be Forgotten to guarantee income disability insurance for people cured of cancer. It is notable that in Belgium, cancer survivors are obligated to disclose their cancer history.
Legal background and timeline:
The law introducing the right to be forgotten in Belgium (Legal Ref.: Law no. C − 2019/40839, 4 April 2019) was promulgated in April 2019.
- The law modified the Insurance regulation (Loi relative aux assurance, C − 2014/11239, 4 Avril 2014) and reformed article 61, introducing an interdiction for insurance companies to take into account previous cancer pathologies after 10 years from the end of the successful treatment and the absence of relapse within the same period.
- The provisions are applicable to insurance contracts concerning mortgage and professional loans.
The law entered into force in February 2020.
On 26 May 2019 a Royal Decree complemented the law with a Reference Table (Doc. No. C − 2019/12990) which determines a reduced term to apply the Right to be Forgotten for specific types of cancers. The reference table entered into force as of 1 April 2020 (subsequently revised – see below).
On 27 October 2022, the Belgian Parliament adopted a law (Law no. C − 2022/34022) aimed at broadening the Law of 4 April 2019 on the right to be forgotten in the context of insurance.
- The period for the Right to be Forgotten to be applicable for survivors was immediately lowered to 8 years, and 5 years if the cancer diagnosis was made before the age of 21 years. In addition, it will be further reduced to 5 years from 1 January 2025 regardless of the age of diagnosis.
- The new law introduced a guaranteed income (or incapacity for work) insurance, which, in the event of illness or accident, provides full or partial compensation for the reduction or loss of professional income due to the incapacity for work of the insured person (Article 201, §1, 2 of the Belgian Insurance Act 4 April 2014).
In June 2023, the Minister of Health and Social Affairs and the Minister of Economy and Employment advocated for a “faster” right to be forgotten for breast cancer survivors
- For individuals with breast cancer in situ, where the tumour is confined to its original tissue, the waiting period will be completely eliminated, and for breast cancer that has spread to other tissues but is still small or diagnosed early, the waiting time will be reduced to just 1 year. This decision was made based on a report and proposal by the Belgian Health Care Knowledge Centre (KCE) and is reflected in the updated reference table.
Monitoring and Assessment:
- The reference table is assessed every two years by the KCE based on medical progress and the available scientific data relating to the pathologies referred.
- The Belgian monitoring office of pricing (Bureau du suivi de la tarification) oversees the disputes relating to the application of the concerned provisions.
Exemptions & Specifics:
Type of Cancer
For specific cancer diseases, such as breast cancer, there is a reduced term applicable, which can be found in the reference table (pp. 12-17; latest version dated 17-07-2023).
Other diseases
Under the Belgian Regulation, the Right to be Forgotten is also applicable to other diseases such as:
- Hepatitis C
- VIH infections
Childhood Cancer Survivors
If an individual is younger than 21 at the time the cancer was diagnosed, the Right to be Forgotten is applicable after 5 years.
Limitation
The Belgian regulation does not provide a limitation for the amount covered by insurance repayment contracts.
Additional information
Bulgaria
No initiatives.
Croatia
No initiatives.
Cyprus
The Right to be Forgotten was approved in Cyprus on the 23 November 2023. The law prohibits discrimination based on a cancer diagnosis after a period of ten years (five years if the diagnosis was made before the age of 21).
Legal background and timeline:
On 23 November 2023 the Cyprus Parliament unanimously approved the Right to be Forgotten for citizens with a cancer history.
- Individuals must disclose their cancer history, but it will not be considered after ten years (or five years – if diagnosis made before 21 years of age).
Exemptions and Specifics:
Limitation
The maximum amount for life insurance covered by this legislation is 300.000€
Czechia
In November 2023, a Code of Conduct was officially endorsed by the Czech Health Ministry, patient organisations and insurance companies. The timeframe for when the right to be forgotten becomes effective is determined by the insurance company based on the cancer type and is reported in a specific grid. For cancer survivors entering the insurance below the age of 17 the code of conduct recommends a reduced term.
Details on the Code of Conduct:
Stakeholders
The self-regulation standard was established by the Czech Insurance Association (CAP), which represents over 98% of the Czech insurance sector.
Application & Limitations
- Each insurance company will establish its own reference grid, which is recommended to be based on the annual national cancer study. The data will be collected by the Institute of Health Information and Statistics (Ústav zdravotnických informací a statistiky (ÚZIS))
- According to CAP the expected time limit for most types of cancer is 7 years.
- While no other diseases are currently included in the Code of Conduct, Czechia’s Minister of Health Vlastimil Válek expressed his optimism about the potential inclusion of other diseases in the future.
Furthermore, within the Czech National Cancer Control Plan 2030, one of the objectives is to examine the possibility of implementing the Right to be Forgotten in the Czech legislation.
Compliance
The Code of Conduct does not provide legal obligations but depends on the insurer’s voluntary commitment.
Additional information
Denmark
Overview of Denmark
Denmark has implemented self-regulatory policies that provide options for persons with a history of cancer to access financial products under certain circumstances.
Insurance companies offer life insurance to individuals who have a previous history of cancer, subject to specific conditions such as the type of cancer and the duration since being cured. As part of these policies, insurers have voluntarily agreed to disregard prior cancer diagnoses after a certain period, and under certain circumstances.
Cancer survivors who have completed their treatment and remained cancer-free for a period ranging from 2 to 5 years become eligible for insurance coverage, albeit at higher premiums and typically limited to cancers with a higher likelihood of successful treatment. However, once an individual is considered cured with no evidence of disease or relapse, obtaining coverage becomes easier. The acceptance of insurance applications from cancer survivors is determined through a risk assessment process, and it should be noted that premiums for individuals with a cancer history may be higher compared to those without a history of cancer.
Estonia
No initiatives.
Finland
No initiatives.
France
France was the first country to introduce the Right to be Forgotten in January 2016. Under the current law, discrimination based on a cancer diagnosis is prohibited after a period of five years for all cancer survivors. Additionally, there are specific exemptions. For example, for loans under €200 000 no medical information is required at all. Furthermore, the French law also includes a reference grid, which foresees shorter duration for specific cancer types as long as loans remain under €420 000.
Legal background and timeline:
In January 2016, the Right to be forgotten was endorsed as a legal provision in France, as part of the Law on the modernisation of the National Health System (Law no. 2016-41, 26 January 2016).
- Article 190, now Article L1141-5, states that in the context of insurance or loan contracts, the period beyond which no medical information relating to cancerous pathologies can be collected by insurer organisms may not exceed ten years after the date of the end of the treatment or, for cancerous pathologies occurring before the age of twenty-one, five years from the end of the therapeutic protocol.
The law was complemented by the AERAS Convention (S’Assurer et Emprunter avec un Risque Aggravé de Santé/Insuring and Loaning with Aggravated Health Risk) providing additional parameters:
- The AERAS Convention represents a national agreement between the State, the professional organisations representing the credit institutions, the finance companies, insurance companies, social security and provident institutions as well as national patient organisations.
- The Convention aims to facilitate access to insurance and loaning for people with an “aggravated risk” due to their state of health or handicap. It ensures that credit institutions and finance companies take full account of alternative guarantees to insurance, defining also procedures for informing applicants, investigating their files and mediating.
- The Convention applies, under certain conditions, for insurance for consumer loans, mortgages and professional loans.
- The Convention also foresees the revision of the reference grid on an annual basis, which is specifying the criteria for disclosure and determining the insurer’s permissible actions and timing.
On 7 February 2017, France adopted a new decree (Decree 2017-147 of 7 February 2017) which relates to the penalties applicable to any insurers that do not conform with Article L1141-5.
On 13 February 2017, the law was further enforced by Decree no. 2017-173, which implements the obligation of information for insurers.
- By law, the insurer is responsible for giving an information document on the Right to be forgotten to applicants for credit repayment insurance, at the same time as the normal risk declaration form.
On 28 February 2022, the new law (Law no 2022-270 28 February 2022 (Loi Lemoine)) “for a fairer, simpler and more transparent access to the borrower insurance market” significantly reformed the initial law.
- It established the abolition of the medical questionnaire for mortgages under €200,000 per person, provided the loan is fully paid off before the borrower turns 60. These loans must relate to the acquisition of property for residential use or for mixed residential/professional use.
- For other loans that do not meet the conditions referred to above, the law strengthened the right to be forgotten by lowering the period after which no medical information relating to cancerous pathologies or Hepatitis C can be requested by insurers to 5 years instead of 10 years (from the end of the therapeutic protocol and without relapse). The maximum amount for loans was raised from 320,000 to €420,000.
- Additionally, this law laid out changes to the reference grid in the AERAS Convention. The time frame for different types of cancer, HIV and Hepatitis C was adapted. Other pathologies were not yet included, but a 4-year action plan was published, fostering research amongst others for epilepsy and diabetes.
Monitoring and assessment:
- A monitoring and proposals committee (La Commission de suivi et de propositions) ensures the application of the AERAS Convention. According to the law, the diseases, and the corresponding time frames for the applicability of the provision are regularly updated by the monitoring and proposals committee, in line with advances in treatments and scientific data. The annual report of the monitoring committee is publicly available on the website of the AERAS convention.
- Alongside this organism, a committee for studies and research (La Commission des études et recherches) has been established and is responsible for collecting and studying the available data on mortality and morbidity caused by the different types of cancer.
- A mediation committee (La Commission de médiation) oversees the examination of the individual complaints by applicants.
Exemptions and Specifics:
Type of Cancer
For specific cancer diseases there is a reduced term applicable, which can be found in the reference table.
Other diseases
Under the French Regulation, the Right to be Forgotten also applies to Hepatitis C.
Childhood Cancer Survivors
Childhood cancer survivors are no longer subject to a shortened period. Instead, the overall duration has been reduced to five years.
Additional information
Germany
No initiatives.
Greece
As of 26 March 2024 a Code of Conduct has been implemented in Greece, stipulating that insurance companies will not use the history of a candidate’s cancer patient 10 years after completion of treatment and 5 years, if the diagnosis of cancer was made before the age of 18.
Details on the Code of Conduct:
Stakeholders
The Code of Conduct of the Association of Insurance Companies of Greece (EAEE) was co-formulated with the Ministry of Finance and the Hellenic Cancer Federation (HELLOK).
Application & Limitations
The Code of Conduct applies to life insurance related to any type of loan.
- It applies only within the limit of the maximum amount of €300,000.
Compliance
Amendments to the Code can be made by the EAEE Board of Directors. In cases of complaints and non-compliance, individuals can directly contact the insurance company, which must respond within 50 days. Alternatively, the Alternative Dispute Resolution bodies (Εναλλακτικής Επίλυσης Διαφορών) can be contacted.
Hungary
No initiatives.
Ireland
Ireland implemented a Code of Practice on 6 December 2023 to enhance the underwriting process for mortgage protection insurance for cancer survivors. According to the provisions, a declared cancer history will not be considered when treatment has ended for 7 years or for 5 years, for cancer diagnosed before the age of 18.
Details on the Code of Conduct:
Stakeholders
This initiative was developed by Insurance Ireland in collaboration with the Irish Cancer Society, as they recognised the difficulty many cancer survivors face in obtaining the necessary life cover to secure a home.
Application & Limitations
This code complements an existing exemption in the Consumer Credit Act of 1995, which allows lenders to apply specific conditions under certain circumstances.
- The Code of Practice states that after 7 years cancer survivors can apply for a mortgage and receive a loan of up to €500,000 for their primary residence.
- Cancer survivors will still be required to disclose their previous pathology, but it will not be taken into consideration.
Compliance
To ensure compliance, Insurance Ireland will appoint an external reviewer, with the first review taking place in January 2025. The review will then be conducted every three years.
Italy
The law introducing the Right to be Forgotten in Italy entered into force on 2 January 2024. The law prohibits discrimination based on a cancer diagnosis after a period of ten years following the end of active cancer treatment. A reference grid provides a shortened timeline for specific types of cancers. The law has not been fully implemented yet, as implementation acts are still pending.
Legal background and timeline:
On 2 January 2024, the law (Legge 7 dicembre 2023, n. 193 (23G00206)) establishing the Right to be Forgotten in Italy entered into force. The law foresees a 10-year waiting period after the end of treatment for cancer survivors to benefit from the right to be forgotten.
The Law established the publication of a total of 4 implementing acts (Decreti Attuativi), redacted by the Health Ministry, the Justice Ministry and the Employment and Social Affairs Ministry (Article 3 – 5). As per Italian implementation rules, the implementing acts must be published within 6 months after the law enters into force (2 July 2024). However, following developments over the past month, it is anticipated that all of them will be officially published only in September.
Additionally, two resolutions will be issued outlining the methods for implementing the RTBF, prepared by the Interministerial Committee for Credit and Savings and the Institute for the Supervision of Insurance Policies (Article 2.7).
- Following the adoption of the law, the only update received from institutional sources was a call for expertise from the Health Ministry requesting evidence and contribution for the redaction of the first Implementing Act.
- The first implementation act, due 60 days from the entry into force of the legislation (2 March), should have been set to establish the guidelines for the certificate of recovery (“certificato di guarigione”) but has been delayed with little to no comment from the Health Ministry.
- The second act, due 90 days from the legislation, set the table of reference outlining shorter timelines for specific types of cancer through a reference grid. This act was published on 22 March 2024.
Monitoring and Assessment:
Details regarding the responsible governing bodies and specific monitoring processes have not been provided yet. However, the reference grid is set to be updated yearly, if applicable.
Exemptions and Specifics:
Type of Cancer
For colorectal, breast, melanoma, leukaemia, uterine, thyroid, testicular, and lymphoma there is a reduced timeline applicable, which can be found in the reference grid.
Other diseases
The Right to be Forgotten in Italy is not applicable to any other diseases.
Childhood Cancer Survivors
Childhood cancer survivors in Italy are not subject to a shortened waiting timeline.
Limitation
At this moment, the Italian law does not establish a maximum coverage.
Additional information
The Italian law is the first to include an adoption provision, ensuring that no discrimination occurs during the adoption process.
Latvia
No initiatives.
Lithuania
No initiatives.
Luxembourg
Luxembourg introduced the Right to be forgotten on 1 January 2020 through a Convention to facilitate access to payment protection insurance for cancer survivors. According to the provisions, the applicant cured of cancer is entitled not to declare their previous pathology when the therapeutic protocol for cancer has ended for 10 years (end of active treatment of cancer by surgery, radiotherapy, chemotherapy); or for 5 years, for cancer diagnosed before the age of 18.
Details on the Code of Conduct:
Stakeholders
A working group, established under the National Cancer Plan, worked on drafting the agreement. The initiative was then formalised through a Convention between Luxembourg’s Ministry of Health, the Luxembourg Insurance and Reinsurance Association (ACA) and eight insurance companies.
Application & Limitations
The Convention applies only and exclusively to the outstanding balance insurance for a loan or mortgage to acquire a primary residence or professional facilities.
- It applies only within the limit of the maximum amount of €1,000,000.
- The Convention does not apply to the acquisition of a second home or rental investments.
- The Convention is applicable for cancer pathologies, HIV and Hepatitis C.
This Convention includes a reference grid (Annex of the Convention) for specific cancer diseases corresponding to shorter terms for the application of the Right to be forgotten. In this regard, an obligation exists to declare the disease and the protection from being charged with extra premium.
Compliance
The system includes the establishment of a monitoring and re-evaluation committee (Comité de suivi et de réévaluation). This body is made by experts and different stakeholders, representing amongst others the state, the insurances and the patient organisations. This expert committee also has the power to examine individual complaints from rejected applicants and ensure the respect of the provisions.
Additional information
Malta
No initiatives.
Netherlands
The law introducing the Right to be Forgotten in the Netherlands entered into force on 1 January 2021. Under the current law, discrimination based on a cancer diagnosis is prohibited after a period of ten years (and five years for when cancer was diagnosed before the age of 21). A reference grid provides specific conditions for non-invasive cancers, foreseeing shorter waiting periods. Coverage limits are set at 278,004€, subject to adjustments based on the consumer price index every three years.
Legal background and timeline:
On 2 November 2020 Netherlands approved a law (Decree of 2 November 2020, insurance examinations for ex-cancer patients) to protect the privacy of consumers and limit insurers to ask about a person’s illness history for a certain period after someone is cancer-free.
- Article 2 of the Decree states that the question of whether cancer has been diagnosed in the past in a candidate may represent the risk of disproportionate violation of privacy within the meaning of Article 3, first paragraph, of the Medical Examinations Act. Therefore, the decree prohibits inquiries about past cancer if there has been complete remission as confirmed by the treating physician and no recurrence for ten years. This aims to balance interests and ensure fairness in health-related inquiries.
- Article 11 of the Medical Examinations Act (Wet op de medische keuringen) states that the patient has the right to refuse to cooperate. This means that a former cancer patient does not have to provide information about their illness history to a life insurance or funeral insurance company. The applicant can submit any disputes about this to the Financial Services Complaints Institute.
- In case the insurance company may already be aware that their client has undergone cancer treatment, it may not include this information in its decision on an application to take out a new insurance policy or to change an existing insurance policy.
The rule applies to life insurance policies for applicants before the age of 71, and to funeral insurance policies that are entered into or concluded before the person to whose life the insurance relates reaches the age of 61.
Monitoring and Assessment:
Exemptions and Specifics:
Type of Cancer
For specific cancer diseases there is a reduced term applicable, which can be found in the reference grid.
Other diseases
The Right to be Forgotten in the Netherlands does not apply to any other diseases.
Childhood Cancer Survivors
If an individual is younger than 21 at the time the cancer was diagnosed, the Right to be Forgotten is applicable after 5 years.
Limitation
Mortgages cannot exceed €278.004 (adjusted once every three years) per person.
Additional information
Poland
No initiatives.
Portugal
The Right to be Forgotten entered into force in Portugal on 1 January 2022. The law prohibits discrimination based on a cancer diagnosis after a period of ten years (five years if the diagnosis was made before the age of 21). Additionally, no health information may be collected after two years of ongoing effective therapeutic protocol in the case of aggravated health risk or mitigated disability. A reference grid provides a shortened timeline for specific types of cancers.
Legal background and timeline:
On 22 October 2021 the Portuguese Parliament adopted the Right to be Forgotten (Law 691/XIV/2), amending the Law no 46/2006 and the legal regime of the insurance contract. On 11 November 2021 the law was promulgated by the President.
The law entered into force on 1 January 2022.
- Article 2 establishes the Right to be forgotten for cancer survivors when contracting housing credits and consumer credits, as well as when contracting compulsory or optional insurance associated with such credits.
- The law prohibits insurers from raising premiums or denying coverage based on health conditions. It also bars credit institutions and insurers from gathering or processing health data before a contract is signed.
Monitoring and Assessment:
- The law foresees the development of a reference grid, based on scientific evidence which shall be updated every two years. However, procedures for the establishment of the grid that allows the terms and deadlines referred for each pathology or disability, have not yet been established.
Exemptions and Specifics:
Type of Cancer
It is foreseen that a reduced term will apply for certain cancer diseases.
Other diseases
The text establishes the Right to be forgotten for people who have overcome or mitigated situations of aggravated health risk or disability.
- Aggravated health risk or disability is defined as health risks affecting individuals with chronic, severe conditions that drastically affect their quality of life across various dimensions, potentially leading to disability or shortened lifespan, without much chance of full recovery (Article 3 of Law no 46/2006)
- Overcome or mitigated situations is defined as situations in which individuals can be shown to have been 60% or more disabled and who have recovered their psychological, intellectual, physiological or anatomical structures or functions, reducing their disability below this threshold (Article 2b of Law no 75/2021)
Childhood Cancer Survivors
If an individual was younger than 21 at the time the cancer was diagnosed, the Right to be Forgotten is applicable after 5 years.
Limitations
There are no defined maximum coverages in the Portugese law.
Romania
Romania was the first country in the Central and Eastern European (CEE) region to implement the Right to be Forgotten, which entered into force on 7 July 2022. Under the current law, discrimination based on a cancer diagnosis is prohibited after a period of seven years (five years if the diagnosis was before the age of 18).
Legal background and timeline:
In July 2022, Romania implemented the Right to be Forgotten (Law no 200/2022) for cancer survivors amending the Law no. 46/2003.
- According to the new provision, if an insurance asks for information and documents from cancer survivors to assess insurance risk, survivors can choose not to provide documents about their cancer treatment if 7 years have passed since completing treatment.
- Insurances must clearly, concisely, and visibly state this right in the documents they request for risk assessment, otherwise the contract can become invalid. Doctors are also prohibited to share information with insurances to uphold the right to be forgotten.
In January 2022, Romania also adopted Law no.18/22 declaring the first Sunday of June as National Cancer Survivors Day.
- This day is meant to raise awareness and inform citizens about the challenges and solutions regarding improving the quality and increasing the life span of cancer survivors.
Monitoring and Assessment:
The Ministry of Health established exemptions for shorter waiting periods by age categories and types of oncological diseases of the cancer survivors based on scientific data regarding therapeutic advances.
Exemptions and Specifics:
Type of Cancer
For specific cancer diseases there is a reduced term applicable, which can be found in the reference grid.
Other diseases
The Romanian law does not include any other diseases in the Right to be Forgotten.
Childhood Cancer Survivors
If an individual is younger than 18 at the time the cancer was diagnosed, the Right to be Forgotten is applicable after 5 years.
Limitations
There are no defined maximum coverages.
Slovakia
No initiatives.
Slovenia
In discussion.
After years of pressure from patient organisations, the Ministry of Health is currently working on a law proposal modelled after existing legislation in other countries.
Spain
The law consecrating the Right to be Forgotten in Spain entered into force on 28 June 2023. Under the current law, this right comes into effect after five years of completing treatment without relapse. The legislation is yet to be implemented.
Legal background and timeline:
On 28 June 2023, a Royal Decree (Real Decreto-ley 5/2023) entered into force, introducing the Right to be Forgotten in Spain. It is introduced as a modification of Article 10 of Law 50/1989 on Insurance Contracts and represents the Fifth additional provision: Non-discrimination on the basis of HIV/AIDS, cancer or other health conditions.
The Law on Insurance Contracts is modified to include the following changes:
- When acquiring life insurance, individuals with a cancer history do not have to declare their oncological history after five years have passed.
- Furthermore, it is prohibited to deny access to contracts or impose different procedures and conditions solely because someone has had an oncological condition, provided that five years have elapsed since the completion of radical treatment without any subsequent relapse.
On 23 February 2024, members of the Partido Popular in Spain submitted a parliamentary question (PQ) asking the government about the implementation status of the RTBF and whether and when they intended, to promote, lead or coordinate measures of real utility given.
In their response, the government stated that the government, through the Ministry of Health, is contributing to the development of the European Code of Conduct (CoC) aimed at assisting Member States in facilitating access to financial products for cancer survivors. This suggests that the Spanish government is awaiting guidance from the EU to align its implementation with EU recommendations.
In May 2024, Stakeholders, including patient organisations, were able to voice their questions and concerns to the Health Ministry on the lack of implementation of the law. The government will now conduct internal meetings to further discuss the implementation of the Right to be Forgotten. Another discussion regarding the implementation is set to take place in September.
Research and Assessment:
- The Government, by Royal Decree, may amend the time limits laid down in Article 10 and the fifth additional provision, jointly or for specific oncological pathologies, depending on the evolution of scientific evidence. This indicates that the duration for (specific) cancer to become eligible for the right to be forgotten can be shortened if the evidence supports its justification. However, the exact process and responsible for assessing this time period are not specified.
Exemptions & Specifics:
Type of Cancer
The Spanish law currently does not include specific provisions for the different types of cancer.
Other diseases
Under the Spanish Regulation, the Right to be Forgotten is also applicable to HIV / AIDS and other conditions.
- Persons with HIV/AIDS and other health conditions may not be discriminated against. Specifically, it is prohibited to deny access to contracting, establish contracting procedures different from those typically used by the insurer, or impose more stringent conditions due to having HIV/AIDS or other health conditions, unless they are based on justified, proportionate and reasonable causes, which are previously and objectively documented.
Childhood cancer survivors
In Spain, there is no specific period for childhood cancer survivors.
Limitation
The Spanish regulation does not provide a limitation for the amount covered by insurance repayment contracts.
Additional information
Fundación Josep Carreras contra la Leucemia published a comprehensive report on the effect of Leukemia on young people, detailing the societal impact of the disease which includes financial discrimination.
Sweden
No initiatives.