EU Strengthens ChatGPT Oversight with Digital Services Act
In accordance with the EU’s Digital Services Act, the European Commission on Monday designated ChatGPT as a “Very Large Online Search Engine” and subjected the artificial intelligence service to further requirements and inspection. The designation follows ChatGPT reporting over 45 million average monthly users in the EU, which meets the threshold for classification under the DSA. Reddit and Roblox have been classified as “Very Large Online Platforms”. The European Commission stated that ChatGPT is capable of responding to users’ prompts and queries, as well as conducting web searches. On this basis, it is categorised as a hybrid service that meets the criteria of an online search engine under the DSA.
“ChatGPT is an AI system that can engage with and respond to users’ prompts and queries, including by searching the web. Hence, ChatGPT is a hybrid service that qualifies as an online search engine under the DSA,” the commission said. The designation imposes further DSA obligations on ChatGPT, categorising it alongside very large online platforms and search engines. The European Commission stated that designated services must evaluate and address systemic risks associated with the spread of illegal content, impacts on minors, users’ physical and mental health, fundamental rights, electoral processes, and public safety.
It will also possess investigative powers to scrutinise the functionalities underlying ChatGPT and associated systems, where applicable. It will oversee DSA compliance for ChatGPT in collaboration with Coimisiún na Meán, Ireland’s Digital Services Coordinator. The European Commission has granted ChatGPT a four-month period after the designation to adhere to the supplementary DSA obligations, with the deadline established for January 2027. ChatGPT was already subject to the general obligations applicable to online platforms and search engines under the DSA. The VLOSE designation introduced specific obligations that pertain to services categorised under the more stringent classification.
“These new designations mean 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,” Henna Virkkunen said. “We continue to watch the digital landscape closely and will not hesitate to designate any platform that meets the threshold for enhanced supervision under the Digital Services Act,” she added. The European Commission has now designated 28 very large online platforms and search engines under the DSA.
