Publication of measures

(1) The exchange supervisory authority must publish, without delay, on its website, every regulatory-fine decision under section 50(3) that has become unappealable, unless that publication would materially endanger the financial markets or lead to disproportionate damage to those involved. The publication may not contain personal data.
(2) The exchange supervisory authority publishes decisions on measures and sanctions issued by it for infringements of the prohibitions or requirements of sections 4, 4a, 4b, 5, 6, 26c, 26d, 26e, 26f and 26g, or of the prohibitions or requirements of Articles 3, 4, 6, 7, 8, 10, 11, 12, 13, 22, 25, 29, 31, 35, 36 and 37 of Regulation (EU) No 600/2014, or of Article 4 or 15 of Regulation (EU) 2015/2365, as well as for infringements of the statutory instruments or other legal acts issued to implement those provisions, or of an enforceable order of the exchange supervisory authority under section 3 or section 6 issued in connection with an investigation concerning the obligations under those provisions, on its website without delay after informing the natural or legal person against whom the measure or sanction was imposed. This does not apply to decisions imposing measures of an investigatory nature. In the publication the exchange supervisory authority names the provision that was infringed and the natural or legal person or association of persons responsible for the infringement. Where publication of the identity of the legal person or of the personal data of the natural person is disproportionate, or the publication endangers ongoing investigations or the stability of the financial markets, the exchange supervisory authority may 1. defer publication of the decision imposing the sanction or measure until the grounds for not publishing it cease to exist, or 2. publish the decision imposing the sanction or measure without naming personal data, where this anonymised publication ensures effective protection of the personal data concerned, or 3. refrain entirely from publishing the decision imposing the sanction or measure, where the possibilities named in nos. 1 and 2 are insufficient to ensure that a) the stability of the financial markets is not endangered, or b) the proportionality of the publication is maintained. Where the exchange supervisory authority decides on publication in anonymised form, publication may be deferred for a reasonable period where it is foreseeable that the grounds for anonymised publication will cease to exist within that period. Where a legal remedy is lodged against the regulatory-fine decision, the exchange supervisory authority also publishes that fact and the outcome of the legal-remedy proceedings on its website without delay. Every decision setting aside or amending an earlier regulatory-fine decision is likewise published. A publication under the first sentence must be deleted after five years. By way of derogation, personal data must be deleted as soon as its publication is no longer required. The exchange supervisory authority informs BaFin and the European Securities and Markets Authority of all regulatory-fine decisions not published under the fourth sentence, no. 3, as well as of all legal remedies in connection with those regulatory-fine decisions and the outcomes of the legal-remedy proceedings. The exchange supervisory authority informs BaFin and the European Securities and Markets Authority at the same time of the publication of a regulatory-fine decision. The exchange supervisory authority publishes, without delay, on its website, decisions on measures that have become final and regulatory-fine decisions that have become unappealable that were issued for infringements of Regulation (EU) 2022/2554 or of the delegated acts based on it.
(3) The Management may publish decisions on measures and sanctions under section 22(2), first and second sentences against trading participants and issuers on the exchange's website. Subsection (2), second to ninth sentences applies accordingly to the publication.