The Italian Insurance Supervisory Authority (IVASS) has issued Provision No. 169 of January 15, 2026, which defines the detailed rules for the implementation of the Right to be Forgotten in insurance contracts and amends IVASS Regulations No. 40/2018 and 41/2018.
Entry into force and compliance deadlines
- Entry into force: The Provision entered into force on January 27, 2026.
- Compliance deadline: Insurance undertakings and intermediaries must comply with the new provisions within 15 days of the date of publication in the Official Gazette, and therefore no later than February 10, 2026.
Disclosure and documentation requirements
Pre-contractual information (DIP and MUP)
- IVASS has amended the Single Pre-contractual Form (MUP) and the Additional Pre-contractual Information Document (DIP aggiuntivo) to include clear and specific information on the right to be forgotten.
- The updated MUP and DIP aggiuntivo must inform the policyholder that insurance undertakings may neither request nor use health information regarding previous oncological pathologies once the legally prescribed period has elapsed.
Insurance Proposals and Health Questionnaires
- Proposal forms and health questionnaires must be revised to eliminate any questions likely to induce the disclosure of protected health data concerning prior oncological pathologies for which the right to be forgotten has already been established.
Derogation from documentation size limits
- IVASS allows the addition of one extra page to the DIP aggiuntivo in excess of the ordinary size limits.
Key provisions of the IVASS measure
According to the official text of the Provision, which amends IVASS Regulations No. 40 and 41:
- Definition of the Right to be Forgotten: The right applies to individuals who have suffered from oncological pathologies, have completed active treatment (in the absence of relapse), and who, after a specific period—generally 10 years, reduced to 5 years for illnesses diagnosed before the age of 21 or as provided by Ministry of Health tables – are no longer required to declare, nor can they be questioned about, their oncological history upon concluding or renewing insurance contracts.
- Prohibition on data acquisition and use: Insurance undertakings and distributors may not acquire or use information regarding prior oncological pathologies—originating from medical examinations, interviews, or other sources—for the purposes of underwriting, premium calculation, or risk assessment, once the right to be forgotten has matured.
- Disclosure obligation and data erasure: Undertakings must inform customers of the existence of the right to be forgotten in the pre-contractual documentation. If historical oncological data is already present in their archives, they must proceed with its erasure within 30 days of receiving appropriate certification.
Purpose and regulatory basis
- The IVASS Provision provides operational effect to Law No. 193 of December 7, 2023, incorporating the guidelines of the European Commission’s Europe’s Beating Cancer Plan. This intervention introduces the right to be forgotten into the Italian legal system to prevent discrimination and ensure fair access to insurance services, in line with the European Parliament Resolution of February 16, 2022.
Summary of operational impacts
- Insurance undertakings and intermediaries are required to update:
- Pre-contractual documentation (MUP, DIP aggiuntivo);
- Health questionnaires and proposal forms;
- Internal compliance and underwriting procedures.
- They must also strictly adhere to the new prohibitions regarding the collection and use of relevant health data and ensure that documentation correctly reflects the right to be forgotten within the tight compliance deadlines.