Composition and functioning of the Commission on the Right to be Forgotten and Mediation (access to credit) (Sovereign Order No. 11.777 of 13 February 2026)

Sovereign Order No. 11.777 of 13 February 2026 (JDM No. 8787 of 20 February 2026) establishes the composition and functioning of the Commission on the Right to be Forgotten and Mediation, established by Article 12 of Law No. 1.561 of 2 July 2024 on the right to be forgotten and other measures facilitating access to credit for persons presenting an aggravated health risk.

Law No. 1.561 established, in particular:

• the right to be forgotten, allowing any person not to declare a previous medical condition appearing on a list established by Sovereign Order to an insurer or credit institution when taking out a loan insurance policy;
• the benefit of insurance without a premium surcharge or exclusion of cover, or with a capped premium surcharge, for any person who has declared to an insurer or credit institution that they have a medical condition, including a chronic condition, that constitutes an aggravated health risk and is included in the defined reference grid;
• the exemption from providing information on health status or undergoing medical examinations depending on the purpose of the insurance contract for consumer credit and mortgage loans.

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¤ Composition and functioning of the plenary session of the Commission on the Right to be Forgotten and Mediation

The Commission is consulted in its plenary session by the Minister of State during the drafting and amendment of regulatory texts adopted pursuant to the provisions of Law No. 1.561.

Chaired by the Minister of State for Finance and the Economy, the plenary session is composed of:

1. Two representatives of the Chamber of Insurance and two representatives of the Monegasque Association of Financial Activities;
2. Four representatives of associations representing patients that are duly registered and made public in accordance with the provisions of Law No. 1.355 of 23 December 2008 on associations and federations of associations, as amended;
3. Two doctors appointed on the recommendation of the President of the Medical Council.

The Commission shall meet as often as necessary, convened by the President, on the dates and in accordance with the procedures laid down by the latter, who shall set the agenda:

• If necessary, meetings may be held by videoconference.
• Minutes of each meeting of the Commission shall be drawn up by the secretariat and kept by the Budget and Treasury Department.
• The Commission, on the decision of its Chair, may call upon the assistance of external persons as necessary, without these persons having voting rights.
• The Commission's opinion shall be adopted by a majority of the members present and may, where appropriate, contain comments on the draft regulatory texts submitted to it. In the event of a tie, the Chair of the Commission shall have the casting vote.

¤ Composition and functioning of the restricted panel of the Commission on the Right to be Forgotten and Mediation

The restricted panel of the Commission is responsible for examining individual complaints submitted to it concerning the application of Law No. 1.561 and, where appropriate, mediating between borrowers and insurers or credit institutions.

Chaired by a doctor who is or has been a member of the Monaco Medical Association, the restricted panel is composed of four full members and four alternates appointed from among its members by the plenary panel, with equal representation of professionals and associations.

The Commission meets as often as necessary, convened by the Chair, on the dates and according to the procedures set by the latter, who also sets the agenda:

• If necessary, meetings may be held by videoconference.
• Minutes shall be taken of each meeting of the Commission by the secretariat, and a copy shall be kept by the Budget and Treasury Department.
• The Commission, on the decision of its Chair, may call upon the assistance of external persons as necessary, without these persons having voting rights.
• The Commission's recommendations are adopted by a majority of the members present. In the event of a tie, the Chair of the Commission shall have the casting vote.
• The Commission shall take all measures to promote the amicable and expeditious settlement of the cases referred to it, in particular by making recommendations to the parties concerned.
• Members of the Commission who have a personal interest that could influence the deliberations shall abstain from taking part. They shall inform the Commission's secretariat of their absence and shall be represented by their alternate.

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The list of members of the Commission on the Right to be Forgotten and Mediation, whose term of office is three years and renewable, shall be determined by ministerial order.

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