The Law of Lemoine: Promoting the Right to be forgotten

The Law of Lemoine: Promoting the Right to be forgotten


Lemoine’s law promotes the right to be forgotten (Image credits: Adobe Stock -)

The Lemoine Act provides several significant developments to access mortgage loan insurance which is intended to be “fairer, simpler and more transparent” and in particular a significant reduction in the time limit for being able to take advantage of the “right to be forgotten”. explanations.

How does the right to be forgotten work?

The right to be forgotten is one of the mechanisms in the AERAS (Insurance and Borrowing with Severe Health Risk) agreement that aims to facilitate access to borrower insurance for people who have or have a health problem that could significantly affect the insurance company determines their risk profile.

Introduit en 2016, le « droit à l’oubli » permet à un ancien malade du cancer ou d’une hépatite C de ne pas avoir à mentionner cet élément de son passé médical lorsqu’il remplit le questionnaire médical de sasurance d’ Home loan.

Thus he guarantees that the insurance company will not apply any exclusion clause or additional premium in respect of the cancer he has.

Until June 1, 2022, the right to be forgotten applies after 10 years of recovery – that is from the last day of treatment and without relapse – for cancers diagnosed after the age of 21, and 5 years for so-called “pediatric” cancers, i.e. which Diagnosed before the insured reaches 21 years of age.

To be applicable, the right to be forgotten must also meet other conditions:

  • For a loan to purchase a main house (RP), the insured part must not exceed 320,000 euros, without taking into account temporary loans.

  • Or, in the case of another type of mortgage – for a rental investment for example – the insured share of the cumulative loan must not exceed €320,000.

  • The home loan must expire before the borrower’s 71st birthday.

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What does Lemoine’s law bring?

Having to wait ten years in remission from the last day of a treatment protocol has often been an endless double pain for patients who have beaten cancer.

This period has now been reduced to 5 years, with no distinction between adult and pediatric cancers. After 5 years of forgiveness, the insured will be able to carry out his real estate projects more easily by accessing the borrower’s insurance that will not include any exclusion clause or additional premium associated with his previous illness.

The Lemoine Act has been in effect since June 1, 2022 on all new home loan insurance contracts entered into and will be effective retroactively for borrower insurance contracts already in place as of September 1, 2022.

Stephen Kinnard (redaction@boursorama.fr)

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