If the FSMA identifies an infringement of the provisions of the Regulation, it may, as provided for in Article 36 of the Law of 2 August 2002, order the person responsible for the advertisement to remedy the situation or to publish a correction. If the person fails to comply and has been given a chance to be heard, the FSMA may itself publish a warning or correction or impose a penalty. In urgent cases, the FSMA may itself publish a warning without having first issued an order, provided the person has had a chance to be heard.
In order to carry out its supervisory tasks, the FSMA is authorized among other things to ask to receive any information and any document, in any form whatsoever, from any natural or legal person, and to gain access to any document.
If the FSMA identifies an infringement of the Regulation, it may, in accordance with Article 36, § 2 of the Law of 2 August 2002, impose an administrative fine on the perpetrator.