Article 54 Publication of administrative penalties

TL;DR

The Digital Operations Resilience Act from the EU requires that competent authorities publish decisions imposing administrative penalties, including information on the nature of the breach, the identity of the responsible parties, and the penalties imposed, without undue delay, on their official websites. When publication of identity or personal data of those involved is considered 'disproportionate', authorities may defer the publication until the reasons for non-publication are no longer valid, publish anonymously, or refrain from publishing altogether. If a competent authority publishes an administrative penalty against which there is an appeal, they must indicate this and add any subsequent related information on the outcome of the appeal. Finally, publications must be removed from official websites after five years.

Competent authoritiesas defined in Article 46 shall publish on their official websites, without undue delay, any decision imposing an administrative penalty against which there is no appeal after the addressee of the penalty has been notified of that decision.
The publication referred to in paragraph 1 shall include information on the type and nature of the breach, the identity of the persons responsible and the penalties imposed.
Where the competent authorityas defined in Article 46, following a case-by-case assessment, considers that the publication of the identity, in the case of legal persons, or of the identity and personal data, in the case of natural persons, would be disproportionate, including risks in relation to the protection of personal data, jeopardise the stability of financial markets or the pursuit of an ongoing criminal investigation, or cause, insofar as these can be determined, disproportionate damages to the person involved, it shall adopt one of the following solutions in respect of the decision imposing an administrative penalty:
1. defer its publication until all reasons for non-publication cease to exist;
2. publish it on an anonymous basis, in accordance with national law; or
3. refrain from publishing it, where the options set out in points (a) and (b) are deemed either insufficient to guarantee a lack of any danger for the stability of financial markets, or where such a publication would not be proportionate to the leniency of the imposed penalty.
In the case of a decision to publish an administrative penalty on an anonymous basis in accordance with paragraph 3, point (b), the publication of the relevant data may be postponed.
Where a competent authorityas defined in Article 46 publishes a decision imposing an administrative penalty against which there is an appeal before the relevant judicial authorities, competent authoritiesas defined in Article 46 shall immediately add on their official website that information and, at later stages, any subsequent related information on the outcome of such appeal. Any judicial decision annulling a decision imposing an administrative penalty shall also be published.
Competent authoritiesas defined in Article 46 shall ensure that any publication referred to in paragraphs 1 to 4 shall remain on their official website only for the period which is necessary to bring forth this Article. This period shall not exceed five years after its publication.

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