Publication of measures

(1) Insofar as publication has not already taken place under section 60c(1), first sentence, the Federal Institute must, in accordance with subsections (2) to (4), publish without delay on its website every measure that has become final and that it has imposed for an infringement of this Act, of the statutory instruments issued under it, or of the provisions of Regulation (EU) No 575/2013 or Regulation (EU) 2023/1113, every fine decision that has become unappealable, and every measure that has become final under section 28(1), second, fourth, and fifth sentences, and (2), first sentence, and must in doing so also communicate information on the nature and character of the infringement. The Federal Institute's rights under section 37(1), third sentence, remain unaffected.
(1a) Subsection (1) applies correspondingly to the appointment of a special representative under section 45c(1), first sentence, that has become final, which the Federal Institute made because of infringements of other supervisory provisions or orders of the supervisory authority.
(2) The publication of a fine decision under section 56(4c) that has become unappealable may not contain personal data.
(3) A fine decision under section 56(4e) that has become unappealable may not be published under subsection (1) where such publication would materially jeopardise the stability of the financial markets of the Federal Republic of Germany or of one or more contracting states of the Agreement on the European Economic Area, or where such publication would cause disproportionately great harm to the parties concerned.
(4) The Federal Institute must publish a measure that has become final, or a fine decision that has become unappealable, other than fine decisions under section 56(4e), on an anonymous basis, where publication under subsection (1) would 1. infringe the personal rights of natural persons, or the publication of personal data would be disproportionate for other reasons, 2. materially jeopardise the stability of the financial markets of the Federal Republic of Germany or of one or more member states of the European Economic Area, or the progress of a criminal investigation, or 3. cause disproportionately great harm to the institutions, undertakings, audit firms, or natural persons involved. By way of derogation from the first sentence, the Federal Institute may, in the cases under the first sentence, points 2 and 3, refrain from publication under subsection (1) for as long as the grounds for publication on an anonymous basis have not ceased to apply.
(5) The measures and fine decisions within the meaning of subsection (1), other than fine decisions under section 56(4e), should remain published on the Federal Institute's website for at least five years from the date the measure became final or the fine decision became unappealable. By way of derogation from the first sentence, personal data must be deleted as soon as its publication is no longer necessary.