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Part 17 · Criminal and Regulatory-Fine Provisions › Section 123

Publication of measures

(1) The Bundesanstalt may publicly announce, on its website, unchallengeable measures it has taken on account of breaches of prohibitions or requirements of this Act, insofar as this is suitable and necessary to remedy or prevent irregularities within the meaning of section 6(1), second sentence, unless that publication would significantly endanger the financial markets or cause disproportionate damage to the parties involved. The Bundesanstalt must publish orders under section 6(2), fourth sentence, on its website without delay.
(2) At the same time as the publication under subsection (1), first or second sentence, the Bundesanstalt must inform the European Securities and Markets Authority of the publication.
(3) The Bundesanstalt must publicly announce, on its website without delay, unchallengeable measures it has taken on account of breaches of Article 4(1) of Regulation (EC) No 1060/2009, unless that publication would significantly endanger the financial markets or cause disproportionate damage to the parties involved.
(4) The Bundesanstalt must publicly announce, on its website without delay, every unchallengeable fine decision under section 120(7) or section 120a, unless that publication would significantly endanger the financial markets or cause disproportionate damage to the parties involved. The announcement may not contain personal data.
(5) An announcement under subsections (1), (3) and (4) must be deleted five years after its publication. By way of derogation from the first sentence, personal data must be deleted as soon as their announcement is no longer necessary.

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