ChatGPT becomes first AI chatbot to face stricter EU rules under Digital Services Act

Reviewed byNidhi Govil

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The European Commission has designated ChatGPT as a Very Large Online Search Engine under the Digital Services Act, making it the first AI chatbot to face the bloc's strictest online safety regime. Reddit and Roblox were also classified as Very Large Online Platforms, requiring all three to comply with enhanced obligations within four months.

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ChatGPT Classified as Search Engine Under Digital Services Act

The European Commission has designated ChatGPT as a Very Large Online Search Engine under the Digital Services Act, making it the first AI chatbot to face the EU's strictest online safety regime

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. The decision follows ChatGPT reporting 159 million monthly active users across the EU for the six months ending March 2026, well above the 45 million user threshold that triggers enhanced scrutiny

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. Reddit and Roblox were simultaneously classified as Very Large Online Platforms, with Reddit reporting 57.2 million monthly users and Roblox approximately 48 million

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The Commission's classification of ChatGPT as a search engine rather than simply a platform represents a significant regulatory interpretation. Brussels concluded that an AI chatbot pulling live results from the internet functions as a search engine in regulatory terms, describing ChatGPT as a "hybrid service" that qualifies under the Digital Services Act because it engages with user prompts and queries by searching the web

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. This distinction matters because the Digital Services Act imposes different requirements depending on service classification, raising questions about how AI-generated answers should be assessed for systemic risks

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Compliance Requirements and Timeline for OpenAI, Reddit, and Roblox

All three services now have four months to comply with additional obligations under the Digital Services Act, putting the deadline at the end of November

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. The enhanced requirements include conducting annual systemic risk assessments covering illegal content, protecting minors, users' physical and mental wellbeing, fundamental rights, electoral processes, and public security

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. Companies must also submit to independent audits and provide data access to regulators and vetted researchers

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For OpenAI, the designation means addressing systemic risks around electoral processes and public security for a general-purpose AI system used for everything from everyday questions to political information

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. Roblox faces particularly significant requirements around protecting minors, as much of the platform's audience consists of children and teenagers, requiring formal assessment and mitigation of risks to their safety

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. An OpenAI spokesperson stated the company was preparing to meet the additional compliance requirements

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, while Roblox said it was "proud to be the first gaming platform to reach this milestone in the EU" and looked forward to continuing engagement with the European Commission

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Potential Fines and Enforcement Under EU Rules

Companies found in breach of the Digital Services Act face fines of up to 6 percent of their global annual turnover

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. For OpenAI and its rapidly growing revenue, this could prove substantial

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. The regulation has already produced around €870 million in fines, including a record €550 million penalty against AliExpress in July for failing to prevent the sale of illegal products, a €200 million fine against Temu, and a €120 million fine against X for transparency and content moderation violations

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The European Commission will supervise compliance in cooperation with Ireland's Coimisiún na Meán for ChatGPT and Reddit, and the Netherlands' Authority for Consumers and Markets for Roblox

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. The designations bring the total number of platforms and search engines under the Digital Services Act's strictest tier to 28

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. EU technology chief Henna Virkkunen emphasized that "ChatGPT, Reddit and Roblox will now be held to a higher standard of scrutiny and accountability in the European Union, in line with their large impact on our citizens and society"

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Implications for Generative AI Regulation and Big Tech

Lena-Maria Boswald of German tech think tank Interface noted that the designation would set a "precedent" and "influence the regulatory expectations for every large generative AI system used in the EU"

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. While OpenAI already has risk-management obligations under the AI Act, the Digital Services Act could widen the scope of compliance requirements

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. The EU has separately adopted the world's most far-reaching AI Act to govern artificial intelligence, which entered into force in 2024 with obligations rolling out over several years

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The designations come as Brussels faces pressure from Washington over its regulation of US tech companies. The Trump administration has called Digital Markets Act fines on Apple and Meta a "novel form of economic extortion" and threatened retaliation against countries with digital rules targeting US firms

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. Washington claims the EU is unfairly targeting US groups and infringing freedom of speech principles

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. However, the Commission insists its digital laws apply to companies regardless of where they are based, as demonstrated by the €550 million fine against Chinese marketplace AliExpress

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. The broader significance is that the Digital Services Act is now being applied well beyond traditional social networks and content platforms to encompass generative AI systems

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