Temporary prohibition on carrying on an activity; publication of measures

(1) In the case of repeated or continued commission of regulatory offences under section 172(1), the supervisory authority may temporarily prohibit the offender from performing functions at institutions or group entities.
(2) The resolution authority should, without delay, publicly announce on its website every measure that has become final, imposed against an institution or group entity, against a manager of an institution or group entity, or against another person, that it imposed for an infringement of this Act and the statutory instruments issued thereunder, and every fine decision that has become final, in accordance with subsections (3) to (5), and, in doing so, must also provide information on the nature and character of the infringement.
(3) The resolution authority must publish a measure that has become final, and a fine decision that has become final, on an anonymous basis, where publication under subsection (2) would 1. infringe the personal rights of natural persons, or publication of personal data would otherwise be disproportionate, 2. significantly 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 damage to the institutions, group entities, or natural persons involved. By way of derogation from the first sentence, the resolution authority may, in the cases under the first sentence, points 2 and 3, refrain from publication under subsection (2) for as long as the grounds for publication on an anonymous basis continue to apply.
(4) The measures and fine decisions within the meaning of subsection (2) should remain published on the resolution authority's website for five years from the measure becoming final or the fine decision becoming final. The publication must be deleted after five years.
(5) The resolution authority informs the supervisory authority and the Federal Ministry of Finance of all measures that have become final and all fine decisions that have become final.
(6) The resolution authority and the supervisory authority inform the European Banking Authority of all measures that have become final and all fine decisions that have become final; subsection (4) applies correspondingly. The European Banking Authority is empowered to maintain the measures and fine decisions transmitted centrally in a database, and to make them accessible to other supervisory authorities and resolution authorities of a Member State for the purpose of exchanging information.