New Status for ChatGPT from the European Union Under the Digital Services Act

Serdar HocamAuthor & Editor

The European Commission has classified OpenAI's artificial intelligence tool ChatGPT as a Very Large Online Search Engine under the Digital Services Act.

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ChatGPT Facing Dual Regulatory Regimes Under New EU Designation | PYMNTS.com

The European Commission has designated ChatGPT, developed by OpenAI, as a Very Large Online Search Engine pursuant to the Digital Services Act. This decision brings the artificial intelligence tool under direct commission oversight, creating a secondary European Union regulatory layer.

New Status Under the Digital Services Act

In an announcement made on Monday, the European Commission defined OpenAI's ChatGPT model as a Very Large Online Search Engine within the framework of the Digital Services Act. Alongside this classification, Reddit and Roblox were also separately declared as Very Large Online Platforms.

Compliance Deadline Until January 2027

These official designations place the three services in question under direct Commission supervision. The companies concerned have until January 2027 to fulfill risk management, auditing, and transparency requirements.

Creation of a Dual European Union Oversight Layer

This decision creates a second major EU regulatory layer for OpenAI. The company is already facing obligations under the EU Artificial Intelligence Act regarding general-purpose artificial intelligence models and generated content.

Hybrid Service Feature and Technical Challenges

The Commission defines ChatGPT as a hybrid service possessing online search engine characteristics. Unlike classical search engines, the system—capable of synthesizing text and generating original responses—brings forth certain compliance challenges through its dynamic replies.

User Numbers and Legal Thresholds

Services exceeding the threshold of 45 million average monthly users within the borders of the European Union fall into this category. OpenAI reported 159.1 million, Reddit 57.2 million, and Roblox 46.6 million monthly active users in the EU.

Risk Assessments and Additional Audits

Companies will conduct risk assessments not because they have violated the law, but because they have been placed in the highest tier of oversight. Annual external audits and the establishment of independent compliance functions have become mandatory for the companies.