ChatGPT Designated as Search Engine Under EU Digital Services Act, Faces Stricter Obligations

Reviewed byNidhi Govil

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The European Commission classified ChatGPT as a Very Large Online Search Engine under the Digital Services Act, making it the first AI chatbot to face the regime's strictest tier. OpenAI now has until December 31 to comply with enhanced obligations including systemic risk assessments, illegal content removal, and protection of minors, or face fines up to 6% of global revenue.

ChatGPT Becomes First AI Chatbot Under Digital Services Act

The European Commission has designated ChatGPT as a Very Large Online Search Engine under the Digital Services Act, marking the first time an AI chatbot falls under the regime's strictest compliance tier

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. The classification places OpenAI's chatbot alongside Google Search and Microsoft Bing, exposing the company to fines of up to 6% of global revenue for non-compliance

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. Reddit and Roblox were simultaneously designated as Very Large Online Platforms, bringing all three services under enhanced EU digital regulation

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Source: Ars Technica

Source: Ars Technica

The designation follows a straightforward calculation: services exceeding 45 million monthly users in the EU trigger the threshold. ChatGPT reported 159 million monthly active users across the six months to March 2026, while Reddit cleared the bar with 57.2 million monthly users and Roblox with approximately 48 million

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. All three companies now have until December 31 to meet stricter obligations or face enforcement action

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Why the European Commission Chose Search Engine Over Platform

The decision to classify ChatGPT as a search engine rather than a platform carries significant implications. Very Large Online Platforms receive safe harbour protections, which shield companies from liability for user-generated content

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. Applying that framework to an AI chatbot would have implied that a model's output constitutes third-party content the company merely hosts—a considerable concession the European Commission avoided making

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The classification is deliberately narrow. Under the Digital Services Act, asking ChatGPT to identify candidates in a local election falls under regulatory scrutiny, while conversational exchanges where misinformation might surface may not

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. This distinction reveals a regulatory gap: the DSA was finalized in 2022 and did not anticipate generative AI systems that produce content rather than simply host it

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João Pedro Quintais, associate law professor at the University of Amsterdam, describes ChatGPT as a hybrid service with the functions of a search engine, an online platform, and something closer to a publisher of its own content

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. The Commission took nearly a year to reach this classification decision, indicating the complexity of fitting an AI chatbot into existing regulatory categories

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Source: The Next Web

Source: The Next Web

Compliance Requirements and Systemic Risk Assessments

OpenAI, Reddit Netherlands B.V., and Roblox Corporation must now conduct annual systemic risk assessments covering illegal content, protection of minors, physical and mental wellbeing, fundamental rights, electoral processes, and public security

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. The companies will submit to independent audits and provide data access for regulators and vetted researchers

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For OpenAI, translating broad concerns about how AI influences people at scale into measurable, auditable risks presents a distinct challenge

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. The AI Act, which began enforcement in August 2025, focuses primarily on existential risks like nuclear weapons, loss of control over models, and autonomous hacking rather than fundamental rights violations

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. Daniel Leufer of AccessNow argues this leaves a regulatory gap where harms like teenagers forming dependencies on chatbots fall outside systemic risk definitions

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Roblox faces particularly significant requirements around minors, as much of the platform's audience consists of children and teenagers

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. The company must formally assess and mitigate risks to their safety and wellbeing, with measures subject to independent auditing

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Enforcement Powers and Broader Regulatory Context

The European Commission has demonstrated willingness to use its enforcement powers. In December, it fined Elon Musk's X €120 million for deceptive design of verification badges and lack of transparency around advertisers

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. The Commission also found that TikTok's infinite scroll, autoplay, push notifications, and personalized recommendation system likely violate the Digital Services Act

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. In July, Chinese marketplace AliExpress was fined €550 million for failing to prevent the sale of illegal products

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The designation gives the European Commission and national regulators—Ireland's Coimisiún na Meán for ChatGPT and Reddit, and the Netherlands' Authority for Consumers and Markets for Roblox—authority to investigate service functionality and related systems

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. Companies can appeal designations, though doing so would require disputing classifications based largely on user numbers they themselves reported

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What This Means for AI Regulation and Future Implications

Source: PYMNTS

Source: PYMNTS

The classification of ChatGPT as a search engine rather than a platform reveals how existing frameworks struggle to accommodate generative AI. Christel Schaldemose, Danish socialist MEP and key DSA negotiator, stated ChatGPT is "much more than a search engine" and questioned how risks connected to the conversational layer—including emotional dependency and manipulative design—fall outside the regulation's strongest obligations

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As many as 60% of adults globally use chatbots for therapy according to AXA's 2026 mind health report, and companionship use cases have sparked litigation including a suit by the parents of 16-year-old Adam Raine in California

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. These design questions about the conversational layer remain largely unaddressed by the current designation

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The move comes as Brussels faces pressure from Washington over regulation of US tech companies, with claims the EU unfairly targets American groups and infringes freedom of speech principles

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. However, the Commission maintains its digital laws apply regardless of where companies are based

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. The EU is simultaneously enforcing its AI Act and investigating whether Google breached competition rules in its use of AI overviews

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With these designations, the total number of services under the Digital Services Act's strictest tier reaches 28

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. Tech chief Henna Virkkunen emphasized the Commission will "continue to watch the digital landscape closely and will not hesitate to designate any platform that meets the threshold"

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. Watch for how OpenAI addresses systemic risks in its first compliance report, whether other AI chatbots reach the 45 million user threshold, and how regulators handle the gap between search engine obligations and conversational AI risks.

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