(1) 1The competent supervisory and administrative authorities and the authority under section 56 (5) sentence 2 are required to publish final and conclusive measures and unappealable administrative fine decisions imposed because of a contravention of this Act or of statutory instruments adopted on the basis of this Act on their websites once the addressee of the measure or administrative fine decision has been informed. 2This also applies to court decisions that are unappealable and that involve the imposition of an administrative fine. 3The type and nature of the contravention as well as the natural persons or legal persons or associations responsible for the contravention must be stated in the publication.
(2) 1The publication under subsection (1) must be delayed if publication
- would impinge on the personality rights of natural persons or a publication of personal data would be disproportionate for other reasons,
- would jeopardise the stability of the financial markets of the Federal Republic of Germany or of one or more signatory states to the Agreement on the European Economic Area or
- would jeopardise an ongoing investigation.
2Instead of delaying publication, the information may be published on an anonymised basis if this guarantees an effective protection under sentence 1 no. 1. 3In cases where there are grounds for assuming that the reasons for an anonymised publication will no longer apply within the foreseeable future, the publication of the information may be delayed accordingly under sentence 1 no. 1. 4Publication takes place once the reasons for delay no longer apply.
(3) A publication must not occur if the measures under subsection (2) are not sufficient to eliminate a threat to the stability of the financial markets or to ensure the proportionality of the publication.
(4) 1A publication must remain published on the website of the supervisory authority for five years. 2By way of derogation from sentence 1, personal data must be deleted as soon as its publication is no longer necessary.