Right to Be Forgotten and Other Measures Facilitating Access to Credit: Sovereign Order No. 11,949 of 3 June 2026 and Ministerial Order No. 2026-305 of 3 June 2026 implementing Law No. 1.561 of 2 July 2024

Sovereign Order No. 11.949 of 3 June 2026 and Ministerial Order No. 2026-305 of 3 June 2026 (Official Journal of Monaco No. 8804 of 19 June 2026) implementing Law No. 1.561 of 2 July 2024 on the right to be forgotten and other measures facilitating access to credit.

Content of Sovereign Order No. 11.949 of 3 June 2026

Definitions (Article 1)

1. Reference Grid established by Ministerial Order No. 2026-305 of 3 June 2026: a list of medical conditions for which insurance cover will be granted to individuals who have suffered from, or are suffering from, such conditions without premium loading or exclusion of cover, or under conditions as close as possible to standard terms, following waiting periods tailored to each condition. These periods run from the end of the therapeutic protocol for cancer-related illnesses or from the relevant reference dates for other conditions.
   
2. Therapeutic protocol.
   
3. End of the therapeutic protocol for cancer-related illnesses and hepatitis C.
   
4. Relapse.

Procedures for processing an insurance application; the content and communication of the decision by the insurer and the credit institution; and the period of validity of an insurance offer (Article 2)

1. Where the health questionnaire raises no particular issues, an insurance offer shall be made in accordance with the conditions set out in the second paragraph of this article.
2. Where analysis of a health questionnaire results in an insurance refusal on health grounds, the insurer must automatically transfer the application to a second-level insurance assessment process, allowing an individual review of the application.
3. If the application is also declined at the second level, it must automatically be referred to a third-level review process.

In all cases, insurance applications must comply with the following process:

• The overall processing time for a complete application must not exceed five weeks from receipt of the complete file.
• The insurer or credit institution must provide assistance to ensure that each application is processed as quickly as possible, regardless of whether a preliminary sale agreement or property purchase agreement has been signed.
• Insurers are required to examine every application submitted to them, irrespective of the existence of a preliminary sale agreement or property purchase agreement.
• Insurance offers remain valid for four months.
• a credit institution that refuses to grant a loan on the sole ground of insurability is obliged to give reasons for its decision.
• Insurers’ decisions must be communicated in writing in a clear and explicit manner. The notification must also inform applicants of their right to contact the insurer’s medical adviser and provide the contact details of the Right to be Forgotten and Mediation Commission.

Insurers are required to systematically seek solutions tailored to each borrower with regard to disability risk. Accordingly, insurers must, where possible, offer disability cover under the standard terms of the policy. Where this is not possible, insurers must assess the feasibility of providing specific disability cover. Failing that, insurers must at a minimum offer cover for total and irreversible loss of autonomy .

Right to be forgotten (Articles 3 et 4)

Any individual benefits from a right to be forgotten, enabling them not to disclose previous cancer-related illnesses or hepatitis C to an insurer or a credit institution when taking out borrower insurance, provided that:

1. The therapeutic protocol relating to the cancer-related illness, or active treatment for hepatitis C, ended more than five years before the date of the insurance application;
2. The insurance policy expires before the borrower's 71st birthday.

Coverage without an additional premium or exclusions, or with a capped additional premium (Article 5)

The entitlement to insurance without premium loading or exclusions, or with a capped premium loading, applies to:

1. Mortgage loans where the insured share does not exceed EUR 420,000, excluding bridging loans, when financing the acquisition of a principal residence.
2. In the case of other mortgage loans and business loans, insurance contracts relating to an aggregate outstanding loan amount where the insured share does not exceed EUR 420,000.
3. Loans for which the insurance policy expires before the borrower’s 71st birthday.

Exemption from providing information regarding one’s state of health or from undergoing medical examinations (Articles 6 and 7)

The exemption from providing health information or undergoing medical examinations applies to consumer credit agreements where:

1. The loan amount does not exceed EUR 17,000;
2. The repayment period is four years or less; and
3. The borrower is 50 years old or younger.

The exemption also applies to mortgage and business loans where:

1. The insured share of the aggregate outstanding credit does not exceed EUR 200,000; and
2. The insurance policy expires before the borrower reaches the age of 60.