Effective Date: February 1, 2023
The European Union (EU) implemented the Digital Services Act (DSA) on November 16, 2022. Among other things, the DSA regulates e-commerce platforms, such as Zink Media, LLC (d/b/a Discogs) (“Discogs”), that connect consumers with goods, services, and content. The DSA provides a uniform framework for consumer protection and accountability.
Article 24(2) of the DSA requires Discogs to publish data on the ‘average monthly active recipients of the service’ to determine whether Discogs is a ‘very large online platform’ (VLOP). A VLOP is an online platform that reaches an average of at least 45 million users per month in the EU (i.e., representing 10% of the EU population). VLOPs are subject to additional regulation due to their impact on EU consumers.
Pursuant to Article 24(2) and other provisions of the DSA, the ‘average monthly active recipients of the service’ is equal to the number of unique EU-based visitors engaged with Discogs at least once in the previous six months. The number includes only unique visitors, but does not include automated bots and scrapers.
Pursuant to Recital 77 of the DSA, we have calculated the ‘average monthly active recipients of the service’ for Discogs from August 1, 2022 to January 31, 2023 to be approximately three (3) million recipients. We calculated this number using information collected via our website and mobile analytics providers. As a result, Discogs is well below the 45 million per month user threshold for being designated as a VLOP.
We will continue to monitor the number of average monthly active recipients of our marketplace service in the EU and will publish updated information every six (6) months.