European Union: Issued guidance regarding DSA obligation to publish information on active users

On 1 February 2023, the European Commission (EC) issued guidance on the Digital Services Act (DSA) regarding the requirement under the DSA to publish information on the average number of monthly active recipients of a digital service in the EU. This guidance was issued in response to questions received by the EC on the DSA. The document clarifies the scope of the requirement to publish information on active recipients and provides guidance on the meaning of the term 'active recipient'. The document also clarifies that these were the views of the EC services and only the Court of Justice of the EU can authoritatively interpret EU laws.