A Victory for Those Who Have Overcome a Serious Illness and Want to Move Forward with Their Business
There are people who have beaten cancer, recovered from a serious illness, and now want to take the next step: start a business, invest in a company, grow professionally. Until this week, the right to be forgotten — which prevents insurers and banks from penalising people who have overcome certain health conditions — applied only to mortgage credit and consumer credit. Credit for commercial or professional purposes was excluded. That gap has now been corrected.
Law No. 14/2026, published in the Diário da República this Monday, 27 April, strengthens the effects of the right to be forgotten in relation to loans for commercial and professional purposes, as well as in the contracting of insurance associated with those loans. The law enters into force in May 2026 and represents the third amendment to Law No. 75/2021, of 18 November, which created the right to be forgotten in Portugal.
What Changes in Practice
The central change introduced by this law is clear: the right to be forgotten now also covers the contracting of credit for commercial or professional purposes, when entered into by a natural person, even if that person is acting within the scope of their commercial or professional activity, as well as compulsory or optional insurance associated with those loans.
This means that a sole trader, a freelancer, a self-employed worker, or any natural person wishing to take out financing for their business — and who has overcome or mitigated a situation of aggravated health risk or disability — can now benefit from the same right that already existed for buying a home: not having to disclose their medical history, without this resulting in higher premiums, exclusions of cover, or refusal of credit.
As regards the diseases covered, this change expressly includes patients who have been diagnosed with cancer, diabetes, hepatitis C or HIV.
The law also introduces an additional requirement for credit institutions, financial companies, mutual associations, provident institutions, and insurance and reinsurance companies, which must inform consumers about the conditions they apply when granting credit in these circumstances.
The Context: A Legal Framework Being Built
This law does not emerge in a vacuum. It is the third block in a legislative framework that Portugal has been building around the right to be forgotten since 2021.
Law No. 75/2021 created the right, but it remained unregulated for years. Decree-Law No. 79/2026, of 17 March, which entered into force in April, came to ensure the full implementation of the right to be forgotten, eliminating discriminatory practices in access to mortgage credit, consumer credit, and the insurance associated with them. That decree also approved a reference table with specific time limits for oncology diseases and extended the regime to insurance intermediaries and brokers.
Now, Law No. 14/2026 takes the next step: it extends the same principle to the world of commercial and professional credit, recognising that a recovered illness should not be an obstacle to entrepreneurship, investment, or the growth of a business.
The law was approved by Parliament in March and promulgated by the President of the Republic, António José Seguro, last week.
What This Means for Expats and Business Owners in Portugal
For expats living in Portugal and running their own business — whether as self-employed professionals or sole traders — this law has a direct and immediate impact. Until now, anyone who had overcome cancer or another serious illness could benefit from the right to be forgotten when buying a home, but not when financing their business. That asymmetry is no longer in place.
In practice, this means that when requesting a loan to invest in the company, buy equipment, or finance a professional project, a natural person who meets the legal time limits may answer negatively when asked about their medical history — without running the risk of having the loan refused or the associated insurance made more expensive on the basis of that information.
However, it is essential to verify whether the legal time limits are actually met before exercising this right. Exercising it without meeting the legal conditions exposes the person to serious consequences in the event of a claim or dispute. This is where the support of a specialist broker such as C1 Broker becomes indispensable.
How C1 Broker Can Help You
C1 Broker closely follows all legislative developments around the right to be forgotten in Portugal — from Decree-Law 79/2026 to this new Law No. 14/2026. Our team is prepared to explain, in English and other languages, what these changes mean for your specific situation: whether you meet the requirements, which time limits apply to your health condition, and how to ensure that your insurance — for home, life, or associated with commercial loans — reflects your legal rights without exposing you to unnecessary risks.
As an independent broker, C1 Broker works for the client — not for an insurer. That means access to multiple market options, comparing terms on your behalf, and ensuring that you get the best cover at the best price, whatever your health history may be.
Do you have questions about whether you can benefit from the right to be forgotten when taking out insurance or credit in Portugal? Speak with us — no obligation, with a clear answer. Contact C1 Broker
Note: This article is for informational purposes only and does not replace personalised legal or medical advice. For official information on the right to be forgotten, consult the ASF portal at asf.com.pt or the Diário da República at dre.pt.
