Royal Decree-Law 5/2023, of 28 June (RDL 5/2023) amended the Insurance Contract Law and the Consumer Protection Act to implement the ‘right to be forgotten’ for cancer survivors which entered into force on Friday, 30 May 2023.
These legal amendments will have a significant impact on all types of contracts entered into by entrepreneurs and professionals and consumers. In particular, they will affect life insurance contracts, as well as banking and financial contracts that take into account consumer health factors as a condition for providing. Or denying benefits in the event that information about a pre-existing cancer is withheld.
What is the ‘right to be forgotten’ for cancer survivors?
The ‘right to be forgotten’ for cancer survivors is the right held by a person who has suffered from cancer where said condition will not be taken into account in different situations. Such as when taking out life insurance or applying for a loan. This right therefore prevents these individuals from having to justify their medical history and it ensures that they are not discriminated against.
How does the ‘right to be forgotten’ for cancer survivors work?
Another key point is the approved royal decree-law establishes the ‘right to be forgotten’ for cancer survivors. When they take out insurance policies and sign up for banking products 5 years after the completion of treatment and without relapse.
- Clauses, provisions, conditions or agreements that exclude one of the parties due to the fact that they had cancer are declared null.
- Making distinctions when taking out insurance for a person because they had cancer is prohibited.
- There is no longer an obligation to declare whether one has suffered from cancer in order to take out life insurance. And taking cancer history into account in this procedure is also prohibited.
Who can benefit from this measure?
Basically any person who has suffered from cancer can benefit from this new right once 5 years have passed since the completion of treatment and without subsequent relapse. The Government is authorised to modify this term based on the development of scientific evidence.