The Digital Services Act (DSA, Regulation (EU) 2022/2065) is an EU Regulation which entered into force on November 16, 2022. It aims to set out harmonized rules for a safe, predictable and trusted online environment applicable to intermediary services that, among others, connect users with goods, services, and content from others and includes online platforms such as the Mendix Marketplace: https://marketplace.mendix.com/.
Under Article 24 (2) of the DSA, online platforms are required to publish "information on the average monthly active recipients of the service" in the EU by February 17, 2023 and at least once every six months thereafter. This is for the purposes of determining whether an online platform is a "very large online platform" (VLOP) as per the DSA, meaning, a platform which reaches an average of at least 45 million users per month in the EU (representing 10% of the EU population). VLOPs are subject to additional requirements due to the role they play in the dissemination of content throughout the EU.
Based on the six-month period from August 2022 to January 2023, the average number of monthly active recipients of our Mendix Marketplace in the EU was well below the threshold of 45 million.
Since, at the time of publication of this information, the European Commission has not enacted delegated acts (as mentioned under Article 24 (2) of the DSA) on the methodology of the calculation of the number of monthly active recipients, we have performed our calculation to the best of our knowledge based on the current information the DSA provides as well as the European Commission’s guidance on the requirement to publish user numbers of February 1, 2023. We will continue to monitor the number of average monthly active recipients of our Mendix Marketplace in the EU and will publish updated information in accordance with Article 24 (2) of the DSA.