Public announcement of administrative sanctions and measures

(1) The Bundesanstalt publishes on its official website, without delay, all sanctioning, final administrative measures and decisions imposing a fine (sanctions) that it has imposed under section 83. Information on the nature and type of the breach, and the identity of the natural or legal person against whom the sanction was imposed or to whom the measure is addressed, must be published. The information is published only after the person concerned has been notified of the sanctions, and provided publication is necessary and proportionate.
(2) Where a legal remedy is lodged against the decision imposing the sanction, the Bundesanstalt also promptly publishes this fact and all further information on the outcome of the appeal proceedings on its website. Every decision revoking or amending an earlier decision is likewise published.
(3) Where one of the following circumstances exists, the Bundesanstalt publishes the administrative sanctions or measures imposed under section 83 in anonymised form: 1. where the sanction was imposed on a natural person and public disclosure of the personal data would be disproportionate; 2. where public disclosure would jeopardise ongoing criminal investigations or the stability of the financial markets; or 3. where public disclosure would cause disproportionate damage to the securities institutions involved or to the natural persons concerned.
(4) The Bundesanstalt ensures that particulars published under this provision remain accessible on its official website for at least five years. In derogation from the first sentence, personal data must be deleted without delay once its publication is no longer necessary or proportionate, and at the latest three years after its publication.
(5) The Bundesanstalt informs the European Banking Authority of all administrative sanctions and measures imposed in accordance with section 83, and of all appeals lodged against those sanctions and measures and their outcome.