Imagine having overcome cancer, rebuilt your life, and still being penalised every time you try to take out life insurance or buy a home. This has been the reality for thousands of Portuguese people, and also for many expats living in Portugal. But now, the situation has changed.
The so called “right to be forgotten” has existed in Portuguese law since 2021, but only now has it received the regulation it was missing.
Decree Law no. 79/2026, published in the Portuguese Official Gazette and in force since 17 March 2026, changes the rules in a practical way, with a real impact on people’s lives. In this article, we explain what the right to be forgotten is, who can benefit from it, what has changed with the new decree, which deadlines apply, how to exercise this right in practice, and why working with a specialist insurance broker, such as C1 Broker, can make all the difference.
What Is the Right to Be Forgotten in Insurance?
The right to be forgotten is, essentially, the legal recognition that an illness someone has overcome should not follow them forever.
Anyone who has recovered from cancer, managed a serious health condition, or recovered from a significant disability has the right not to disclose that medical history when taking out certain financial products, namely insurance linked to mortgage loans and consumer credit.
The legal basis for this right is Law no. 75/2021, of 18 November, which prohibited discriminatory practices by banks and insurance companies based on health history. In practice, the law determined that, after certain periods following the end of treatment, an insurer could no longer ask the client about that condition, increase the insurance premium because of it, or exclude cover from the contract on that basis.
The problem was that the law existed without effective regulation. This created ambiguity, made it difficult to apply, and left many consumers unsure whether they could actually benefit from the right.
For years, organisations such as DECO and patient associations filed complaints with the Ombudsman, pointing out this exact problem. The law had been approved, but in practice it remained difficult to exercise the right to be forgotten without taking risks.
Decree Law 79/2026 has finally closed that gap.
Margarida, 44, from Lisbon, explained that she and her husband could not move forward with their mortgage because of her breast cancer, even though she had recovered more than ten years earlier. For her, the hardest part was feeling that the scar never disappeared and that the banks kept saying no, even after everything she had already been through.
What Changes with Decree Law 79/2026?
The new decree does not create the right to be forgotten. That right already existed. What it does is regulate its application in a clear and operational way, introducing several changes that directly affect people who want to take out insurance.
One of the most important changes is a more favourable reference table of time limits for oncological diseases.
Before the decree, the general time limit was ten years after the end of treatment for an illness to be considered “overcome”, or five years if the illness had occurred before the age of 21.
The new decree approves a specific reference table for 22 groups of oncological diseases, including breast, thyroid, bowel, testicular, prostate, uterine, kidney and skin cancers, as well as leukaemia, Hodgkin lymphoma and others. Depending on the type of cancer, the patient’s age and the stage of the disease, the applicable periods may now range from two to five years.
This reference table should be reviewed every two years, following the development of scientific evidence.
For all cases not included in the table, the general deadlines under Law 75/2021 continue to apply.
Another important change concerns clearer clinical definitions. One of the practical difficulties of the previous law was the ambiguity around when a treatment was considered “completed” and when the countdown for the right to be forgotten actually began. The new decree addresses this by introducing concrete definitions of “therapeutic protocol” and “adjuvant treatment”, clarifying the medical criteria that determine the end of treatment and the start of the legal period.
The decree also extends obligations to insurance intermediaries and brokers. Previously, the non discrimination obligations applied mainly to insurers. Under the new decree, intermediaries and brokers, including companies such as C1 Broker, are expressly covered by the regime and must respect clients’ right to be forgotten and provide clear information about it.
Finally, the decree creates complaint and alternative dispute resolution mechanisms for situations where disagreements arise between consumers and insurers or insurance distributors. This is an additional layer of protection, especially for people who feel discriminated against or whose right to be forgotten is unfairly denied.
Tomás, 38, from Porto, finished lymphoma treatment in 2019. When he applied for life insurance for a mortgage in 2022, the insurer tripled his premium and classified him as an increased risk. He felt he was being punished for surviving and, at the time, did not understand how that could be legal or what he could do about it.
Who Can Benefit and What Are the Deadlines?
To exercise the right to be forgotten, certain requirements must be met. The starting point is always the health situation. The person must have “overcome” or “mitigated” a serious illness or disability within the legally established time limits.
In cases of recovery, the illness is considered overcome when treatment ended at least ten years earlier, or five years earlier if the illness occurred before the age of 21.
For oncological diseases included in the new reference table under Decree Law 79/2026, this period may be substantially shorter, starting from two years depending on the disease and the individual circumstances.
In cases of mitigation, the regime applies to people who have not been fully cured but whose illness is effectively and continuously controlled. In these situations, the applicable period is two years of continuous and effective treatment.
For disability situations, the law provides that a person who had a disability level equal to or above 60 percent and later recovered to a lower level may exercise the right to be forgotten in relation to the previous situation. However, any current disability must still be declared if it is relevant to the insured risk.
It is important to stress that this right applies exclusively to insurance linked to mortgage credit and consumer credit. Standalone health insurance, standalone life insurance and other types of insurance are not covered by this specific regime.
Fernanda, 41, moved from Brazil to Portugal six years ago and wanted to buy an apartment in Cascais. When the insurer learned that she had had thyroid cancer, from which she had been fully recovered for four years, the cover was simply refused. She was shocked because no one had explained that there was a law designed to protect her.
How to Exercise the Right to Be Forgotten in Practice
In theory, the process seems simple. In practice, there are details that can make the difference between exercising the right correctly and exposing yourself to problems later, especially if a claim occurs.
A person who meets the legal deadlines and wishes to exercise the right to be forgotten does not have to tell the insurer that they had a particular illness. If asked about that illness in a health questionnaire, they may answer negatively.
It is not necessary to obtain a medical declaration in order to exercise the right. However, the ASF, the Portuguese Insurance and Pension Funds Supervisory Authority, advises that, to prevent conflicts in the event of a claim, the insured person should obtain a declaration from their doctor confirming that the condition has been overcome or mitigated.
There is, however, one essential caution. Exercising the right to be forgotten without actually meeting the legal deadlines may expose the insured person to a claim refusal. For this reason, before taking out insurance, it is essential to check carefully whether the legal requirements are truly met. This includes understanding exactly when treatment ended and whether the condition falls under the general rules or under the new specific table for oncological diseases.
The insurer must also inform the policyholder about the right to be forgotten regime before the contract is signed. The health questionnaire must expressly state that the policyholder has the right not to disclose health information relating to conditions that have been overcome or mitigated.
António, 52, from Braga, was renewing life insurance linked to his mortgage and did not know what he could or could not say. His doctor had told him that he had been cured of bowel cancer for three years, but he was afraid of answering “no” on the questionnaire and then facing problems later if he ever needed to use the insurance. What he needed was someone to explain exactly what the law allowed and give him the confidence to proceed.
The Impact for Expats in Portugal
For expats living in Portugal or planning to move to the country, this subject is particularly relevant. Many foreign residents arrive in Portugal after having experienced significant health situations in their countries of origin, and they then encounter an insurance system that can be difficult to navigate, especially when there is a language barrier or limited knowledge of Portuguese legislation.
Decree Law 79/2026 applies to any consumer in Portugal, regardless of nationality. This means that a British, German, French or Brazilian citizen who has overcome cancer and lives in Portugal has the same rights as a Portuguese citizen, including the right not to disclose that medical history when taking out insurance associated with a mortgage.
However, exercising this right effectively requires understanding the details of Portuguese law, correctly interpreting the table of time limits, and knowing how to communicate with insurers in a way that protects your interests. For an expat, this process can be even more challenging, which is exactly where support from a specialist broker becomes essential.
Claire, 47, moved to Lisbon from the UK three years ago. She had breast cancer in 2018 and received the all clear in 2020. When she tried to get a mortgage in Portugal, the insurer wanted to charge almost double the standard premium. She did not speak enough Portuguese to argue her case properly and had no idea there was a law protecting her. She felt completely alone in the process.
Why Should You Work with C1 Broker?
Knowing the law is one thing. Applying it correctly to your individual case is something completely different.
The right to be forgotten is a powerful consumer protection tool, but its practical application requires technical knowledge, experience with insurers and the ability to provide personalised advice. This is precisely what C1 Broker offers.
C1 Broker is an insurance broker specialised in supporting expats in Portugal. It works with families, digital nomads, international retirees, diplomats and individuals who arrive in Portugal looking for a new beginning, often bringing with them health histories that need to be handled carefully and professionally when arranging insurance.
C1 Broker closely follows regulatory changes in the Portuguese insurance sector. This means that, when it comes to the right to be forgotten, the team understands which deadlines may apply to each condition, how to interpret the new reference table under Decree Law 79/2026, and how to check whether the client meets the requirements before taking out cover.
A broker does not work for one insurance company. A broker works for the client. C1 Broker has access to a wide range of insurers operating in Portugal, allowing the team to compare conditions, identify the most suitable proposal and negotiate on the client’s behalf, ensuring that the right to be forgotten is respected throughout the process.
For expats, the language barrier can be a real obstacle. C1 Broker provides support in English and other languages, clearly explaining the available products, applicable conditions and clients’ rights without unnecessary technical jargon.
Insurance does not end when the policy is signed. C1 Broker maintains a close relationship with clients over time, reviewing contract conditions whenever relevant legal changes occur, such as the introduction of Decree Law 79/2026, and supporting clients in claim situations or disputes with insurers.
If a conflict arises with an insurer regarding the right to be forgotten, for example if the insurer tries to apply unjustified premium increases or refuse cover based on a medical history that has already been overcome, having an experienced broker by your side can make all the difference. C1 Broker understands the complaint mechanisms available and knows how to act in defence of the client’s interests.
David, 55, from the Algarve, contacted C1 Broker after two banks refused him reasonable life insurance conditions. Within less than a week, the team had confirmed that he met the legal requirements for the right to be forgotten and handled the process. For the first time in years, he felt that someone was on his side.
Conclusion
Decree Law 79/2026 represents a decisive step in consumer protection in Portugal. After five years of waiting since the approval of Law no. 75/2021, regulation has finally arrived with substance: specific deadlines for oncological diseases based on scientific evidence, clear clinical definitions, extension of the regime to intermediaries and brokers, and mechanisms for conflict resolution.
For cancer survivors and for people who have overcome other serious health conditions, this law means something very simple: the past no longer has to determine the future.
But knowing your rights is only the first step. Exercising them correctly, avoiding unnecessary risks and ensuring the best possible insurance conditions requires specialist support.
Whether you need life insurance linked to a mortgage, health insurance, car insurance or any other insurance product, C1 Broker is ready to help you navigate the Portuguese insurance market with confidence, in Portuguese, in English, and with the technical and human understanding your situation deserves.
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If you have overcome a serious illness and want to know whether you can benefit from the right to be forgotten when taking out insurance in Portugal, or if you simply want to make sure you are paying a fair premium with the right cover, C1 Broker is here to help.
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