European UnionDigital Services Act (DSA), Article 24(2) and (3) (Publication and communication of average monthly active recipients)
Regulation (EU) 2022/2065, Arts. 24(2), 24(3)
In force since .
A transparency and process rule binding private bodies.
- Obligation class
- Disclosure, Reporting
As of .
What it requires
- If you provide an online platform or an online search engine, publish for each of them, in a publicly available section of your online interface and at least once every six months, information on the average monthly active recipients of the service in the Union, calculated as an average over the past six months and in accordance with the methodology in the delegated acts referred to in Article 33(3) where those acts have been adopted. Article 24(2) sets as the date for the first publication.
- When the Digital Services Coordinator of establishment or the Commission asks, communicate to it without undue delay the information on average monthly active recipients, updated to the moment of the request, and provide any additional information it requires on the calculation, including explanations and substantiation of the data used. Do not include personal data in that information.
- If you provide an online platform and qualify as a micro or small enterprise as defined in Recommendation 2003/361/EC, Article 24(2) does not apply to you but Article 24(3) does, and the exclusion continues for 12 months after you lose that status unless you are a very large online platform. Article 19 speaks only of providers of online platforms, while Article 24(2) and (3) also name providers of online search engines.
If you get it wrong
Private right of actionYes
Penalty structure
Article 52(3) requires Member States to set the maximum fine for a failure to comply with an obligation in the Regulation at 6 % of the provider's annual worldwide turnover in the preceding financial year, and the maximum fine for supplying incorrect, incomplete or misleading information, failing to reply or rectify, or failing to submit to an inspection at 1 % of annual income or worldwide turnover. Article 52(4) sets the maximum periodic penalty payment at 5 % of average daily worldwide turnover or income per day.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
The authorities of the Member State in which the provider's main establishment is located (Article 56(1)) and, for providers of very large online platforms and of very large online search engines, the European Commission (Article 56(3)).
What this law does
Article 24(2) requires providers to publish for each online platform or online search engine, by and at least once every six months thereafter, in a publicly available section of their online interface, information on the average monthly active recipients of the service in the Union, calculated as an average over the past six months and in accordance with the methodology in the delegated acts referred to in Article 33(3), where those delegated acts have been adopted.
Article 24(3) requires providers of online platforms or of online search engines to communicate that information, updated to the moment of the request, to the Digital Services Coordinator of establishment and the Commission, upon their request and without undue delay. Either authority may require additional information on the calculation, including explanations and substantiation in respect of the data used, and that information must not include personal data.
Article 19(1) excludes providers of online platforms that qualify as micro or small enterprises as defined in Recommendation 2003/361/EC from Section 3 of Chapter III, with the exception of Article 24(3), so a micro or small online platform is bound by Article 24(3) but not by Article 24(2).
When LexLint raises it
When your app profile says your app reuses other publishers' content or operates a social platform.