Article 68

Capital Requirements Directive (CRD) > TITLE VII > CHAPTER 1 > Section IV > Article 68
Article 68
Publication of administrative penalties
Main content: 

1.    Member States shall ensure that the competent authorities publish on their official website at least  any administrative penalties against which there is no appeal and which are imposed for breach of  the national provisions transposing this  Directive  or  of  Regulation  (EU) No 575/2013, including information on the type and nature of  the breach and the identity  of the natural or legal person on whom the penalty is imposed, without undue delay after that person is informed of those penalties.

Where Member States permit publication of penalties  against  which there is an appeal,  competent authorities shall, without undue delay, also publish on their official website information on the appeal status and outcome thereof.

2.    Competent authorities shall publish the penalties on an anonymous basis, in a manner in accordance with national law, in any of the following circumstances:

(a)    where the penalty is imposed on a natural person and, following an obligatory prior assessment, publication of personal data is found to be disproportionate;

(b)    where publication would jeopardise the stability of financial markets or an ongoing criminal investigation;

(c)    where publication would cause, insofar as it can be determined, disproportionate damage to the institutions or natural persons involved.

Alternatively, where the circumstances referred to in the first subpara­ graph are likely to cease within a reasonable period of time, publication under paragraph 1 may be postponed for such a period of time.

3.    Competent authorities shall ensure that information published under paragraphs 1 or 2 remains on their official website at least five years. Personal data shall be retained on the official website of the competent authority only for the period necessary, in accordance with the applicable data protection rules.

4.    By 18 July 2015 EBA shall submit a report to the Commission on the publication of penalties by Member States on an anonymous basis as provided for under paragraph 2, in particular where there have been significant divergences between Member States in this respect. In addition, EBA shall submit a report to the Commission on any significant divergences in the duration of publication of  penalties under national law.