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Practical guide · Rights when applying

Mortgage life insurance: does the right to be forgotten always mean waiting ten years?

Portugal's insurance right to be forgotten does not have one time limit for everyone. For credit-linked life insurance, the answer depends on the legal scope, health circumstances and applicable criteria. Ask for written information about this right before completing a questionnaire.

By RMACHADO GROUP · · 3 min read

THE ESSENTIALS

Before you start

  • Ten years is one general time limit, not a universal answer.
  • The 2026 reference table sets specific conditions and time limits for certain conditions.
  • Health information protected by this right must not be collected or processed within the protected context.

Identify the credit and the associated insurance first

The regime covers housing credit and consumer credit and the associated insurance. Law No. 14/2026 extended protection to credit for commercial or professional purposes entered into by individuals, including associated insurance. Identify which contract the application concerns.

This guide explains access to insurance within that scope. Exercising the right protects against discrimination based on the protected circumstances; other elements of the application still form part of the contracting process. A quotation does not confirm that a policy has been issued.

Sources: Diário da República — Law No. 14/2026, scope of credit and associated insurance ↗

Three general time limits and a reference table to check

Law No. 75/2021 provides for ten years from the end of the therapeutic protocol for an overcome aggravated health risk or disability; five years where the overcome condition occurred before age 21; and two years of continuous, effective treatment for mitigated circumstances. These periods must be uninterrupted and are subject to the legal conditions.

Decree-Law No. 79/2026 approved a reference table with more favourable time limits for certain cancer conditions. The type of condition and the table's clinical criteria matter. Where a condition does not fall within that table, the general time limits apply; a time limit should not be selected from a disease name alone.

Sources: Diário da República — Law No. 75/2021, Article 3, read with the 2026 amendments ↗ · Diário da República — Decree-Law No. 79/2026, Articles 4–5 and reference table ↗

Elapsed years alone do not settle the application

Fictional example: someone knows that six years have passed since treatment ended. That fact alone does not establish whether the requirements are met. The legally overcome and mitigated situations, the relevant age and any applicable reference-table criteria must be distinguished.

The clinical classification belongs to the competent professional. An insurance intermediary can explain the application process and information documents; this does not replace clinical assessment or allow the intermediary to decide independently that a condition meets the criteria.

Sources: Diário da República — Law No. 75/2021, Article 3, read with the 2026 amendments ↗ · Diário da República — Decree-Law No. 79/2026, Articles 4–5 and reference table ↗

Protect health information from the first contact

Within the protected scope, information about the covered circumstances must not be collected or processed by the relevant entities under the regime. Ask for a questionnaire and instructions that respect this right. A generic form should not automatically lead to disclosing information protected by law.

To start a quotation with RMACHADO, explain that you need credit-linked life insurance and request information about the right to be forgotten. Do not put reports, diagnoses or test results in social comments or the initial contact request. Keep the written information and use the appropriate channel only for clarifications that are legally necessary.

Sources: Diário da República — Decree-Law No. 79/2026, Articles 4–5 and reference table ↗ · Diário da República — Law No. 14/2026, scope of credit and associated insurance ↗

KEEP THESE QUESTIONS

Your checklist for the next conversation

  • Identify the credit and associated insurance.
  • Request written information about the right to be forgotten.
  • Check the applicable scope and current table without self-diagnosing.
  • Use an appropriate channel for health information that is legally necessary.

FROM THE ARTICLE TO YOUR SITUATION

Let us discuss your situation

Tell us what you want to protect. We review your request and help compare relevant terms. Requesting a quotation does not activate insurance.

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Sources and transparency

Content updated on .

Consultation dates are stated in individual references when available.

Numerical examples are fictional and explain concepts. Editorial interpretations are identified in the text.

Information from RMACHADO GROUP. This is not an insurance offer or individual advice. Covers, acceptance, exclusions, sums insured and costs depend on the policy. The intermediary does not underwrite the risks.