Updated 21/12/2024
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Version from: 09/01/2024
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Article 20 - Publication of administrative sanctions and other administrative measures

Article 20

Publication of administrative sanctions and other administrative measures

1.  
Member States shall ensure that competent authorities publish on their official website without undue delay any administrative sanctions and other administrative measures imposed in accordance with Article 18 and which have not been appealed or can no longer be appealed. That publication shall include information on the type and nature of the breach and the identity of the natural or legal person on whom the sanction is imposed or against whom the measure is taken. The information shall only be published after that person has been informed of those sanctions or measures and to the extent that the publication is necessary and proportionate.
2.  
Where Member States permit the publication of administrative sanctions or other administrative measures imposed in accordance with Article 18 against which there has been an appeal, competent authorities shall also publish on their official website information on the appeal status and on the outcome of the appeal.
3.  

Competent authorities shall publish the administrative sanctions or other administrative measures imposed in accordance with Article 18 on an anonymous basis in any of the following circumstances:

(a) 

the sanction or measure has been imposed on a natural person and publication of that person’s personal data is found to be disproportionate;

(b) 

the publication would jeopardise an ongoing criminal investigation or the stability of financial markets;

(c) 

the publication would cause disproportionate damage to the investment firms or natural persons involved.

4.  
Competent authorities shall ensure that information published pursuant to this Article remains on their official website for at least five years. Personal data may only be retained on the official website of the competent authority where permitted by the applicable data protection rules.