Article 48e 2.

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 intentionally or negligently;

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 retail investors’ interests;

the importance of the profits gained, losses avoided by the person responsible for the infringement or the losses for third parties derived from the infringement, insofar as they can be determined;

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

previous infringements by the person responsible for the infringement;

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