Chapter VII — Competent authorities
Publication of administrative penalties
Summary
Requires competent authorities to publish on their official websites any decisions imposing administrative penalties for DORA breaches, subject to safeguards for personal data and proportionality. Publication serves as a deterrent and promotes transparency in enforcement.
Key Requirements
- 1
Competent authorities must publish penalty decisions on their websites
- 2
Publication must include the type and nature of the breach
- 3
Personal data protection safeguards must be respected
- 4
Anonymous publication allowed where identification would cause disproportionate damage
Detailed Analysis
Article 54 introduces a transparency mechanism for DORA enforcement by requiring competent authorities to publish decisions imposing administrative penalties on their official websites. This "name and shame" approach serves as a powerful deterrent, as the reputational impact of public disclosure often exceeds the financial penalty itself for regulated financial entities.
The publication requirement is subject to important safeguards. Competent authorities must assess whether publication would cause disproportionate damage to the parties involved, in which case they may publish the decision on an anonymous basis or delay publication. Personal data must be handled in accordance with GDPR requirements throughout the publication process.
Published decisions must include sufficient information to identify the nature and type of the breach, enabling market participants and the public to understand the supervisory expectations being enforced. This transparency promotes regulatory clarity by providing concrete examples of what constitutes non-compliance and what consequences follow.
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