Publication of measures

(1) The Federal Institute should, without delay, publicly announce on its website every measure imposed on an undertaking subject to its supervision or on a manager of an undertaking that has become final, and that it imposed on account of a breach of this Act or the statutory instruments issued for this purpose, and every regulatory-fine decision that has become unappealable, in accordance with subsections (2) and (3), and must, in doing so, also communicate information on the nature and character of the breach. The rights of the Federal Institute under section 308(2) remain unaffected.
(1a) By way of derogation from subsection (1), the Federal Institute must, without delay, publicly announce on its website every measure imposed on an undertaking subject to its supervision or on a manager of such an undertaking that has become final, and every regulatory-fine decision that has become unappealable, where the measure or regulatory-fine decision is issued on account of a breach of a provision of this Act, another Act, or the statutory instruments issued for this purpose, serving to implement Directive (EU) 2016/97 as amended on 5 December 2023, and must, in doing so, also communicate information on the nature and character of the breach and on the persons responsible for the breach.
(2) The Federal Institute must publish a measure that has become final, or a regulatory-fine decision that has become unappealable, on an anonymous basis, where publication under subsection (1) or (1a) would 1. infringe the personal rights of natural persons, or where publishing personal data would, for other reasons, be disproportionate, 2. materially endanger 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 undertakings or natural persons involved. By way of derogation from the first sentence, the Federal Institute may, in the cases of the first sentence, points 2 and 3, refrain from publication under subsection (1) or (1a) for as long as the reasons for publication on an anonymous basis have not ceased to apply. No publication may take place where the measures under the first sentence are not sufficient to exclude a threat to financial market stability, or would cause the parties involved under the first sentence, point 3, disproportionately great harm.
(3) A publication should remain published on the Federal Institute's website for at least five years. By way of derogation from the first sentence, personal data must be deleted as soon as the publication is no longer necessary.