Publication of measures that have become final and of fine decisions that have become unappealable

(1) The Federal Institute must publish on its website, after informing the addressee of the measure or fine decision, measures of the Federal Institute under this Act that have become final and fine decisions of the Federal Institute under this Act that have become unappealable 1. for infringements of requirements and prohibitions in connection with UCITS referred to in section 340(7), point 1, and for infringements of requirements and prohibitions under Articles 6, 7, 9, or 27(1) of Regulation (EU) 2017/2402 — the Federal Institute must do so, and 2. for infringements of requirements and prohibitions referred to in section 340(7), point 2 or point 3, or subsection (3), or in connection with AIF referred to in section 340(7), point 1 — the Federal Institute may do so, and 3. for infringements of Regulation (EU) 2015/2365, Regulation (EU) 2016/1011, and Regulation (EU) 2022/2554 in connection with UCITS and AIF — the Federal Institute must do so. The publication must name the type and nature of the infringement and the natural persons and legal persons or associations of persons responsible for the infringement. Where the measures that have become final or fine decisions that have become unappealable under the first sentence, point 1, concern infringements of Regulation (EU) 2017/2402, the measure or fine decision imposed must additionally be stated.
(2) The publication under subsection (1) is to be deferred until the grounds for non-publication have ceased to apply, where 1. publication of the identity of the legal persons or association of persons or of the personal data of natural persons would be disproportionate, 2. publication would endanger the stability of the financial markets, or 3. publication would endanger ongoing investigations. Instead of a deferral, publication may take place on an anonymised basis, where this ensures effective protection of the information named in the first sentence, point 1. Where publication takes place on an anonymised basis under the second sentence and it is foreseeable that the grounds for anonymised publication will cease to apply within a foreseeable period, publication of the information named in the first sentence, point 1, may be correspondingly deferred.
(3) Publication may not take place where the measures under subsection (2) are not sufficient to exclude an endangerment of financial market stability or to ensure the proportionality of the publication having regard to the infringement. In addition, publication under subsection (1), first sentence, point 2, may not take place where it would adversely affect the interests of investors.
(4) The measures and fine decisions published under subsection (1), first sentence, points 1 and 3, should remain published on the Federal Institute's website for five years. The publication under subsection (1), first sentence, point 2, is to be deleted once it is no longer necessary, but at the latest after five years.
(5) The Federal Institute publishes prohibitions of marketing under section 5(6), sections 11, 311, or section 314 in the Federal Gazette, where marketing has already taken place. Where costs are incurred by the Federal Institute as a result of the publication under the first sentence, these must be reimbursed to it by the management company.