# Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (Text with EEA relevance), Article 34: Publication of decisions

Extent: E+W+S+N.I.

1. Subject to the third subparagraph, the FCA shall publish any decision imposing an administrative sanction or other administrative measure in relation to an infringement of this Regulation on its website immediately after the person subject to that decision has been informed of that decision. Such publication shall include at least information on the type and nature of the infringement and the identity of the person subject to the decision.
The first subparagraph does not apply to decisions imposing measures that are of an investigatory nature.
Where the FCA considers that the publication of the identity of the legal person subject to the decision, or of the personal data of a natural person, would be disproportionate following a case-by-case assessment conducted on the proportionality of the publication of such data, or where such publication would jeopardise an ongoing investigation or the stability of the financial markets, it shall do any of the following:
(a) defer publication of the decision until the reasons for that deferral cease to exist;
(b) publish the decision on an anonymous basis in accordance with the law of the United Kingdom where such publication ensures the effective protection of the personal data concerned;
(c) not publish the decision in the event that the FCA is of the opinion that publication in accordance with point (a) or (b) will be insufficient to ensure:
(i)that the stability of financial markets is not jeopardised; or
(ii)the proportionality of the publication of such decisions with regard to measures which are deemed to be of a minor nature.
() Where the FCA takes a decision to publish a decision on an anonymous basis as referred to in point (b) of the third subparagraph, it may postpone the publication of the relevant data for a reasonable period of time where it is foreseeable that the reasons for anonymous publication will cease to exist during that period.
2. Where the decision is subject to an appeal before a national judicial, administrative or other authority, the FCA shall also publish immediately on its website such information and any subsequent information on the outcome of such an appeal. Moreover, any decision annulling a decision subject to appeal shall also be published.
3. The FCA shall ensure that any decision that is published in accordance with this Article shall remain accessible on its website for a period of at least five years after its publication. Personal data contained in such publications shall be kept on the website of the FCA for the period which is necessary in accordance with the applicable data protection rules.

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Source: https://www.legislation.gov.uk/eur/2014/596/article/34 (the official version)
Page: https://openlegislation.uk/eu-regulation-2014-596/article-34
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

