Today marks one month until the 17 February deadline for publishing EU user numbers (or Monthly Active Recipients (“MARs”)) under the Digital Services Act (“DSA”). This applies to online platforms of all sizes that host and disseminate user content, not just “VLOPs”, and the disclosure must be made on a public-facing part of the platform’s interface/website (following art 24(2) DSA).

Calculating MARs can be a tricky and lengthy process, complicated by a distinct lack of concrete guidance from the EU. The DSA sets out that MARs includes all users who access the service, not just registered users (where relevant), meaning that online platforms may need to take into account users beyond just those registered with accounts.

There are some thorny issues to consider practically – including for example: how platforms treat location of users, as well as what “unique” and “active” means for the purposes of users on the platform. That means it’s likely going to be ‘all hands on deck’ from now until the 17 February deadline, with the Commission likely watching closely.