ChatGPT falls under the EU's strictest digital oversight regime

The European Commission has classified ChatGPT, Reddit and Roblox as the largest online services, for which additional requirements apply in the EU under the Digital Services Act (DSA). ChatGPT has been designated as a Very Large Online Search Engine, while Reddit and Roblox have been designated as Very Large Online Platforms.

The Commission announced the decision on August 31. The basis was that each of the three services reported at least 45 million average monthly users in the European Union – the threshold from which the DSA provides for enhanced regulatory oversight.

This does not mean a ban or restriction on the operation of the services in the EU. ChatGPT, Reddit and Roblox were already required to comply with general DSA requirements, but now additional rules provided for platforms and search engines with the greatest impact on European users will apply to them.

What will now be required of ChatGPT

Companies have four months to bring their services into compliance with the new requirements. They will have to regularly assess systemic risks that may arise from the operation of the services and their algorithms, and take measures to mitigate them.

This concerns, among other things, the spread of illegal content, risks to children, impact on users' physical and mental health, fundamental rights, electoral processes and public security.

The Very Large Service status also entails an annual independent audit of DSA compliance. The European Commission and national regulators will have access to the necessary data for verification, and vetted researchers may obtain access to data for studying systemic risks under certain conditions.

For services with recommender algorithms, the DSA also provides the option to use at least one recommendation option that is not based on user profiling, as well as enhanced requirements for transparency of advertising and algorithms.

Why ChatGPT was called a search engine

A separate feature of the decision was that the European Commission classified ChatGPT not as an online platform, but as a Very Large Online Search Engine.

Thus, the regulator is extending rules that were previously associated primarily with traditional search services to generative AI, which users increasingly turn to for searching and obtaining information from the internet.

Reddit and Roblox received a different designation – Very Large Online Platform. Overall, after the new decision, the European Commission has already designated 28 services as VLOPs or VLOSEs.

Fines can reach 6% of global revenue

The main supervision of large platforms' compliance with specific DSA requirements is carried out directly by the European Commission. It can request information, verify data and algorithms, carry out investigations and require the removal of violations.

If a DSA infringement is established, the fine may amount to up to 6% of the company's global annual turnover. For non-compliance with certain requirements, the regulator may also impose periodic penalty payments.

The new DSA status of ChatGPT will operate in parallel with separate EU rules on artificial intelligence. In particular, from August 2, 2026, new AI Act requirements on transparency of AI systems have begun to apply in the EU.

Based on: European Commission, Politico