Luxembourg Expands 'Right to Be Forgotten' in Law

On Wednesday 15 April 2026, Luxembourg’s Government Council (Cabinet) adopted a draft Grand Ducal regulation following the draft law transposing the European directive on consumer credit agreements Directive (EU) 2023/2225, which notably establishes a legal basis for the right to be forgotten in Luxembourg legislation.

The right to be forgotten in medical insurance already exists in Luxembourg through an agreement between insurance companies and the State, which has been applied successfully for several years.

According to the Luxembourg’s Directorate for Consumer Protection, Ministry of Health and Social Security and Ministry of Finance, the draft law incorporates this principle into national legislation by transposing the European directive, while broadening its scope and making conditions substantially more favourable for consumers and policyholders, notably through shorter timeframes and caps on premium surcharges for certain conditions. Ministries noted that the draft Grand Ducal regulation therefore specifies the provisions of the draft law in the interest of consumers and policyholders.

For cancer-related illnesses, the draft law sets a period of five years from the end of treatment, in the absence of relapse, after which the condition no longer needs to be declared. The draft regulation introduces shorter timeframes for certain conditions and improves access to credit, for example for HIV, now without additional premium, and chronic myeloid leukaemia, with capped surcharges. These measures reflect developments in scientific knowledge and the work of an expert committee.

The law provides for the creation of this committee, which will bring together representatives of the State, the insurance sector, patient associations and scientific experts. It will issue opinions on cancer-related and other illnesses to be included in the regulation, as well as on applicable coverage limits.

Martine Hansen, Luxembourg’s Minister for Consumer Protection, stated: “A serious illness should not continue to weigh on a person throughout their life. By enshrining the right to be forgotten in the draft law and making it even more favourable for consumers with this draft regulation, we aim to remove unjustified barriers to access to credit, whether for the purchase of a home or the completion of a personal project.”

Martine Deprez, Luxembourg’s Minister of Health and Social Security, added: “The right to be forgotten represents a balance between solidarity and risk management. It is essential to ensure equal opportunities, fair access to credit and respect for the dignity of those who have recovered. The changes made to the list of conditions allow us to move forward in this direction, and the expert committee will ensure future adjustments in line with scientific research and medical progress.”

Gilles Roth, Luxembourg’s Minister of Finance, emphasised: “The right to be forgotten represents a major step forward in protecting citizens. It is not a privilege, but a principle of law and dignity. By enshrining it in legislation, we protect privacy and ensure fairer access to credit and insurance. This measure builds on a practice already successfully applied for several years under the agreement between the State and insurers.”

Ministries pointed out that by integrating the right to be forgotten directly into the Consumer Code, the government has chosen a clear, legally secure framework that is more favourable to consumers than the minimum requirements of the European directive.