On 13 February 2024, Law No. 21.656 was published in the Official Gazette and came into force, incorporating an article 8 bis to Law No. 21.258, the National Cancer Law, in order to enshrine the right to oncological oblivion.

The newly incorporated Article 8a states that once 5 years have elapsed since the end of treatment for an oncological disease, without subsequent relapse:

  • More onerous clauses, stipulations and conditions that exclude or discriminate against persons who have suffered from an oncological pathology prior to the date of conclusion of the contract or legal transaction in question shall be null and void.
  • The request for information or the obligation to declare having suffered from an oncological pathology is prohibited.
  • No insurer may consider oncological antecedents for insurance purposes.

It also establishes the nullity of clauses that contemplate the waiver of the rights contained in this article 8bis, establishing complaints and actions aimed at sanctioning whoever incurs in such an infringement, with the regulations contained in Law No. 19.496, on the protection of consumer rights, being applicable.

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