Publication of measures and sanctions for breaches of provisions of Parts 9 to 11 and of Regulation (EU) No 600/2014

(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 1. the prohibitions or requirements of Parts 9 to 11 of this Act, 2. the statutory instruments adopted to implement those provisions, or 3. the prohibitions or requirements of the Articles contained in Titles II to VI of Regulation (EU) No 600/2014, and fine decisions under section 120b. This does not apply to 1. decisions on measures and sanctions imposed on account of breaches of section 64(6), sections 86, 87, 89, or section 94, 2. decisions imposing measures of an investigative character, or 3. decisions that must be announced by the stock-exchange supervisory authorities under section 50a of the Stock Exchange Act.
(2) The Bundesanstalt must, in the announcement, name the provision that was breached and the natural or legal person or association of persons responsible for the breach.
(3) Where announcing the identity of the legal person or the personal data of the natural person would be disproportionate, or the announcement would endanger the stability of the financial markets or ongoing investigations, the Bundesanstalt may 1. announce the decision imposing the measure or sanction only once the reasons for refraining from its announcement no longer exist, or 2. announce the decision imposing the measure or sanction without naming personal data, where an anonymised announcement ensures effective protection of the personal data concerned, or 3. entirely refrain from announcing the decision imposing the measure or sanction, where the possibilities under nos. 1 and 2 do not sufficiently ensure that a) the stability of the financial markets is not endangered, b) the announcement of decisions on measures or sanctions classified as less significant is proportionate. Where the conditions under which an announcement would only be permissible on an anonymised basis are satisfied, the Bundesanstalt may also defer the announcement of the relevant data by a reasonable period, where it is foreseeable that the reasons for the anonymous announcement will cease to apply within that period.
(4) Where a legal remedy is lodged against the decision imposing the measure or sanction, the Bundesanstalt also announces this fact, and all further information on the outcome of the remedy proceedings, promptly on its website. Furthermore, every decision setting aside or amending an earlier decision imposing a sanction or measure is likewise announced.
(5) An announcement under subsection (1) 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.
(6) The Bundesanstalt informs the European Securities and Markets Authority of all measures and sanctions that were not announced under subsection (3), first sentence, no. 3, and of all legal remedies in connection with those measures and sanctions, and of the outcomes of the remedy proceedings. Where the Bundesanstalt has announced a measure or sanction, it informs the European Securities and Markets Authority of this at the same time.