Publication of Final Measures and Unappealable Regulatory-Fine Decisions

(1) The competent supervisory and administrative authorities, and the authority under section 56(5), second sentence, shall, after notifying the addressee of the measure or the regulatory-fine decision, publish on their website or on a joint website final measures and unappealable regulatory-fine decisions that they have imposed for an infringement of this Act, of the statutory instruments issued under it, or of the provisions of Regulation (EU) 2023/1113. This also applies to court decisions, insofar as they have become unappealable and concern the imposition of a fine. The publication shall state the nature and character of the infringement and identify the natural and legal persons or associations of persons responsible for it.
(2) Publication under subsection (1) shall be deferred for so long as publication would 1. violate the personality rights of natural persons or would otherwise be disproportionate as regards the publication of personal data, 2. jeopardise the stability of the financial markets of the Federal Republic of Germany or of one or more states party to the Agreement on the European Economic Area, or 3. jeopardise ongoing investigations. Instead of deferral, publication may be made on an anonymised basis, where this affords effective protection under the first sentence, no. 1. Where it is foreseeable that the grounds for anonymised publication will cease to exist within a foreseeable period, publication of the information under the first sentence, no. 1 may be deferred correspondingly. Publication shall take place once the grounds for deferral have ceased to exist.
(3) Publication may not take place where the measures under subsection (2) are insufficient to exclude a threat to the stability of the financial markets or to ensure the proportionality of the publication.
(4) A publication must remain published on the website of the supervisory authority for five years. By way of derogation from the first sentence, personal data shall be deleted as soon as the publication is no longer necessary.