Правовая библиотека и анализ дел · Австрия · Бельгия · Европейский союз
LAWxPERT Вход Бесплатная учётная запись

Cap. 637 · Crowdfunding Service Providers Act (Cap. 637)

Cap. 637 ст. 26Publication of decisions. 

PART IV

ДействуетОфициальный текст

(1) The competent authority shall publish any decision imposing an administrative penalty or any other measure, in accordance with the provisions of the ECSP Regulation, this Act or any regulations or Rules issued thereunder, on its website immediately after the person subject to that decision has been informed of that decision.

(2) The information published pursuant to sub-article (1) shall specify the type and nature of the breach, the identity of the person subject to the decision and any other information which the competent authority deems relevant.

(3) The provisions of sub-articles (1) and (2) shall not apply to decisions of the competent authority imposing measures that are of an investigatory nature.

(4) Where the competent authority considers, following a case-by-case assessment, that the publication of the identity of the legal person subject to the decision, or the identity or personal data of a natural person, would be disproportionate, or where such publication may jeopardise an ongoing investigation, the competent authority shall:

(a) defer the publication of the decision to impose a penalty or a measure until the moment where the reasons for non publication cease to exist;

(b) publish the decision to impose a penalty or a measure on an anonymous basis in a manner which is in conformity with national law, where such anonymous publication ensures an effective protection of the personal data concerned:

Provided that, in this case, the publication of the relevant data may be deferred for a reasonable period where it is foreseen that within that period the reasons for anonymous publication shall cease to exist;

(c) not publish the decision to impose a penalty or measure in the event that the options laid down in paragraphs

(a) and (b) are considered to be insufficient to ensure the proportionality of the publication of such a decision with regard to measures which are deemed to be of a minor nature.

(5) Where the decision is subject to an appeal before a national judicial, administrative or other authority, the competent authority shall also publish immediately on its website such information and any subsequent information on the outcome of such an appeal. Any decision annulling a decision of the competent authority to impose an administrative penalty or any other administrative measure shall also be published.

(6) Any decision that is published in accordance with this article shall remain accessible on the website of the competent authority for a period of at least five (5) years after its publication:

Provided that personal data contained in any such decision shall be retained on the website of the competent authority only for the period which is necessary, in accordance with the applicable data protection legislation.

История изменений
  • Amended by XI.2025.48