Article 59 3.

the duration and frequency of the infringement;

whether financial crime has been occasioned, facilitated or otherwise attributable to the infringement;

whether the infringement has been committed by intent or negligence;

the degree of responsibility of the person responsible for the infringement;

the financial strength of the person responsible for the infringement, as indicated by the total turnover of the responsible legal person or the annual income and net assets of the responsible natural person;

the impact of the infringement on the interests of investors;

the importance of the profits gained or losses avoided by the person responsible for the infringement or the losses for third parties caused by the infringement, to the extent that they can be determined;

the level of cooperation with ESMA of the person responsible for the infringement, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

previous infringements of this Regulation by the person responsible for the infringement;

any measures taken after the infringement by the person responsible for the infringement to prevent its repetition.