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Version status: Inserted | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2022 - onwards
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Article 48h Disclosure, nature, enforcement and allocation of fines and periodic penalty payments

1. ESMA shall disclose to the public every fine and every periodic penalty payment that has been imposed pursuant to Articles 48f and 48g, unless such disclosure to the public would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved. Such disclosure shall not contain personal data within the meaning of Regulation (EU) 2018/1725 of the European Parliament and of the Council [Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).].

2. Fines and periodic penalty payments imposed pursuant to Articles 48f and 48g shall be of an administrative nature.

3. Where ESMA decides not to impose any fines or penalty payments, it shall inform

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