EU Applies DSA Regulation to ChatGPT

The European Commission has designated ChatGPT as a 'Very Large Online Search Engine (VLOSE)' under the Digital Services Act (DSA). This marks the first instance of an independent AI service falling under the EU's strictest platform regulations.

Designation Background and Criteria

• Designation Criteria: Services exceeding 45 million monthly active users (MAU) within the EU are subject to this designation.
• User Statistics: ChatGPT reported 159 million MAU within the EU over the six months leading up to March 2026.
• Classification Basis: ChatGPT was classified as a 'hybrid service' and an online search engine because it responds to user prompts and queries and can perform web searches.

Additional Designations and Obligations

On the same day, Reddit (57.2 million users) and Roblox (approximately 48 million users) were additionally designated as 'Very Large Online Platforms (VLOP)'. These three companies must comply with the following requirements by the end of November.

• Conduct annual systemic risk assessments regarding illegal content, protection of minors, mental and physical health, fundamental rights, electoral processes, and public security
• Undergo independent audits
• Share data with regulators and vetted researchers

Regulatory Impact and Penalties

Henna Virkkunen, Executive Vice-President for Technology Sovereignty and Democracy, stated that this designation will strengthen accountability and oversight commensurate with the impact on citizens and society. Violations of the regulation can result in fines of up to 6% of global annual revenue, and fines imposed for DSA violations to date total approximately €870 million.