Luxembourg’s Council of Government has adopted a draft grand-ducal regulation that complements a bill transposing the EU Consumer Credit Directive (EU) 2023/2225 (CCD2) by creating a statutory basis for a medical “right to be forgotten” in Luxembourg law. The package would move the existing insurer–state convention on the medical right to be forgotten into the Consumer Code, expand its scope beyond the directive’s minimum requirements and make the conditions more favourable for consumers and policyholders, including through shorter time limits and caps on premium surcharges for certain conditions. For cancers, the bill’s core rule is a five-year period from the end of the therapeutic protocol, without relapse, after which the condition would no longer need to be declared. The draft regulation further specifies shorter deadlines and adapted access conditions for certain pathologies, including HIV without any premium surcharge and chronic myeloid leukaemia with a capped surcharge, reflecting scientific developments and the work of an expert committee. The law foresees an expert committee bringing together state representatives, the insurance sector, patient associations and scientific experts to advise on which cancer and other conditions should be added to the regulation and on applicable coverage caps, providing a mechanism for future updates.

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