Exchange of information with the ESMA (Article 25 of the SFTR)

  • competent supervisory authorities are required to report annually to the ESMA with aggregated and granular information on all measures, administrative sanctions and fines imposed in connection with breaches of the SFTR
  • when an administrative sanction, other administrative measure or fine is published, the competent supervisory authority reports the information to the ESMA at the same time

Publication of decisions (Article 26 of the SFTR)

  • in the event of breaches of Articles 4 and 15 of the STFR, competent supervisory authorities publish any decision imposing an administrative sanction, disclosing the type and nature of the breach and the identity of the person in breach, unless such publication would jeopardise an ongoing investigation or the stability of the financial market, whereby publication may be deferred, an anonymous decision may be published, or the decision may remain unpublished, the ESMA being notified accordingly
  • the decision remains accessible on the competent authority’s website for a period of at least five years after publication