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Part 13 · Criminal Provisions, Provisions on Regulatory Fines › Section 65a

Publication of Sanctions for Breaches of Regulation (EU) 2022/2554

(1) BaFin publishes on its website, without delay, decisions on final measures and final and unappealable decisions imposing regulatory fines that were issued for breaches of Regulation (EU) 2022/2554 or of the delegated acts based on it.
(2) In the publication, BaFin names the provision that was breached and the natural or legal person or association of persons responsible for the breach.
(3) Where publishing the identity of a legal person affected by the decision, or the personal data of a natural person, would be disproportionate, or the publication would jeopardise ongoing investigations or the stability of the financial markets, BaFin 1. postpones publication of the decision until the grounds for postponement have ceased to apply, 2. publishes the decision without naming the identity or the personal data, where this provides effective protection of the identity or the personal data concerned, or 3. does not publish the decision, where publication under nos. 1 and 2 would not be sufficient to ensure that a) the stability of the financial markets is not jeopardised, or b) the proportionality of the publication is maintained.
(4) A publication under subsection (1) must be deleted no later than five years after its publication. By way of derogation from the first sentence, personal data must be deleted as soon as their publication is no longer necessary.

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