ChatGPT Search Nears EU Regulatory Threshold as Usage Surges

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OpenAI's ChatGPT Search has seen a significant increase in European users, potentially subjecting it to stricter EU regulations under the Digital Services Act.

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ChatGPT Search's Rapid Growth in Europe

OpenAI's ChatGPT Search, the web-enabled feature of its conversational AI platform, has experienced a significant surge in adoption across Europe. According to a recent filing by OpenAI Ireland Limited, the tool's average monthly active users increased nearly fourfold from 11.2 million in October 2024 to approximately 41.3 million by March 2025 12. This rapid growth has caught the attention of European Union (EU) regulators and could soon subject ChatGPT Search to stricter scrutiny under the Digital Services Act (DSA).

Implications of the Digital Services Act

The DSA is a comprehensive EU regulation aimed at enhancing transparency and accountability among online platforms. Under this law, platforms or search engines with over 45 million average monthly users are classified as "very large online platforms" (VLOPs) and face additional compliance requirements 1. These include:

  1. Allowing users to opt out of algorithmic recommendation systems
  2. Sharing data with regulators and researchers
  3. Undergoing independent audits

Given its current growth trajectory, ChatGPT Search may soon cross this threshold, potentially subjecting it to these stricter regulations.

Regulatory Challenges and Consequences

The rapid rise of AI-powered search tools like ChatGPT presents unique challenges for regulators. Unlike traditional search engines that display links, ChatGPT generates answers directly, making it more difficult to review, explain, or correct the information provided to users 2. This characteristic raises concerns about the spread of misinformation and the ability to manage associated risks effectively.

Non-compliance with the DSA can result in severe penalties, including fines of up to 6% of a company's global revenue. In extreme cases, continued violations could lead to temporary suspension of operations within the EU 12.

AI Search Accuracy Concerns

Recent studies have highlighted significant accuracy issues with AI search engines. A study by the Columbia Journalism Review's Tow Center for Digital Journalism found that AI search engines cite incorrect news sources at an alarming rate of 60%. Specifically, ChatGPT Search provided incorrect information in 67% of queries, compared to 37% for Perplexity and 94% for Grok 3 2.

Competition with Traditional Search Engines

Despite its rapid growth, ChatGPT Search still lags far behind traditional search engines like Google. A study indicates that Google handles more than 370 times the number of search queries compared to ChatGPT. A survey conducted by Evercore in September 2024 found that only 8% of respondents would choose ChatGPT Search over Google for everyday searching 12.

Global Implications and Future Regulations

The EU's approach to regulating AI-powered search tools is likely to influence similar efforts worldwide. For instance, India is currently drafting its own Digital Competition Law, taking cues from the EU's DSA and Digital Markets Act (DMA) 2. The potential classification of ChatGPT Search as a VLOP could serve as a precedent for how other countries regulate AI tools that function as platforms.

As AI-generated search results become increasingly prevalent, policymakers and regulators face the challenge of adapting existing frameworks to govern this new paradigm of information access and dissemination.

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