By Order No. 169 of 15.01.2026 (the “Order”), the Italian Insurance Supervisory Authority (“IVASS”) implemented the delegation set out in Article 2(7) of Law No. 193/2023 (the “Law”). Said provision entrusted IVASS – after consulting the Italian Data Protection Authority – with the power to define the modalities for the implementation of the oncological right to be forgotten, including through the adoption of forms and templates.
In this context, the Order primarily affects the following aspects:
- IPID (Additional Pre-contractual Information Document) for life, insurance-based investment, multi-risk and non-life products (excluding MTPL) must include a dedicated section providing information on how to exercise the oncological right to be forgotten, including a link to the insurer’s website hosting the table set out in Annex I to the Decree of the Ministry of Health of 22.03.2024;
- MUP (Single Pre-contractual Model) for insurance products – except for compulsory MTPL coverage – and for insurance-based investment products must also include a specific section dedicated to the oncological right to be forgotten, which may, however, be summarized by referring to the relevant DIPA (if updated);
- the Proposal Form and the Policy Wording, immediately following the warning stating that inaccurate or incomplete declarations made at the time of contract conclusion may compromise the right to the insurance coverage, must include the following wording: “The oncological right to be forgotten remains unaffected”.
Furthermore, insurance distributors are prohibited from collecting – through medical examinations, health assessments, third parties other than the policyholder and the insured, or through any other source – information relating to the health status of the natural person policyholder concerning oncological diseases from which such person previously suffered and whose active treatment has ended, without any recurrence, in accordance with Article 2(1)(2) of the Law and the relevant implementing decrees.
In accordance with Article 2(2) of the Law, the amendments required by IVASS apply to all IPIDs, MUPs Proposal Form and Policy Wording, with the sole exception of those relating to MTPL insurance, notwithstanding the fact that information on the oncological right to be forgotten is not relevant, from an insurance perspective, for a large majority of the products affected by the Order.
As highlighted by IVASS during the public consultation on the Order, the rationale behind such broad dissemination of information on the oncological right to be forgotten lies in the ethical relevance of the Law and in the related objective of ensuring that contractual documentation contains the most significant information for customers.
Similarly to what is provided for information relating to the Insurance Arbitrator, the new section may result in the addition of one extra page to the IPID, which may therefore reach a length of 4 pages, extendable up to a maximum of 5 pages in specific cases.
Insurance intermediaries and insurers must complete the alignment of the above-mentioned documentation by 12 February 2026.
The full texts of IVASS Order No. 169/2026 and Law No. 193/2023 are available (in Italian only) at the following links:
