Publication of measures and sanctions for breaches of Regulation (EU) No 596/2014, Regulation (EU) 2015/2365, Regulation (EU) 2016/1011 and Regulation (EU) 2022/2554

(1) The Bundesanstalt announces, on its website without delay after informing the natural or legal person against whom the measure or sanction was imposed, decisions on measures and sanctions issued on account of breaches of Articles 14, 15, 16(1) and (2), Article 17(1), (2), (4), (5) and (8), Article 18(1) to (6), Article 19(1), (2), (3), (5), (6), (7) and (11), and Article 20(1) of Regulation (EU) No 596/2014, and Articles 4 and 15 of Regulation (EU) 2015/2365. This does not apply to decisions on investigative measures.
(2) In the announcement the Bundesanstalt names the provision that was breached and the natural or legal person or association of persons responsible for the breach. The Bundesanstalt announces, on its website without delay, final measures and unchallengeable fine decisions issued on account of breaches of Regulation (EU) 2022/2554 or the delegated acts based on it.
(3) Where announcing the identity of a legal person affected by the decision, or the personal data of a natural person, would be disproportionate, or where the announcement would endanger ongoing investigations or the stability of the financial markets,
1. the Bundesanstalt defers the announcement of the decision until the reasons for the deferral have ceased to apply,
2. the Bundesanstalt announces the decision without naming the identity or the personal data, where this ensures effective protection of the identity or the personal data concerned, or
3. the Bundesanstalt does not announce the decision, where an announcement under nos. 1 and 2 would not be sufficient to ensure that
a) the stability of the financial markets is not endangered, or
b) the proportionality of the announcement is preserved. In the case of the first sentence, no. 2, the Bundesanstalt may make good the announcement of the identity or the personal data once the reasons for the anonymised announcement have ceased to apply.
(4) For decisions that are not final or not legally binding, the Bundesanstalt adds a corresponding indication. Where a legal remedy is lodged against the decision to be announced, the Bundesanstalt supplements the announcement without delay with an indication of the remedy and with all further information on the outcome of the remedy proceedings.
(5) An announcement under subsection (1) must be deleted five years after its announcement. By way of derogation from the first sentence, personal data must be deleted as soon as their announcement is no longer necessary.
(6) For decisions on measures and sanctions issued on account of a breach of Articles 4 to 16, 21, 23 to 29 and 34 of Regulation (EU) 2016/1011, or on account of a breach of an enforceable order that the Bundesanstalt has issued in connection with an investigation concerning the obligations under that Regulation under section 6(3), fourth sentence, and (6), (8), (11) to (13), section 7(2), or section 10(2), second sentence, nos. 1 or 2, subsections (1) to (5) apply correspondingly, with the proviso that the setting aside of a decision is also published where it did not occur on account of a legal remedy.