EU considers DSA oversight for ChatGPT

The European Commission is examining whether ChatGPT should fall under the European Union’s toughest platform rules after OpenAI reported user figures above the Digital Services Act threshold. (reuters.com) A Commission spokesperson said on April 10 that Brussels was “analysing” whether ChatGPT should be treated as a very large online platform or a very large online search engine under the Digital Services Act. Reuters reported the review followed OpenAI’s publication of European Union user numbers for ChatGPT search. (reuters.com) OpenAI says ChatGPT search had about 120.4 million average monthly active recipients in the European Union for the six months ending September 30, 2025. The Digital Services Act sets the designation line for very large online platforms and search engines at more than 45 million monthly users in the bloc. (help.openai.com, digital-strategy.ec.europa.eu) The Digital Services Act is the European Union’s online platform law, and its extra duties for the biggest services go beyond basic notice-and-takedown rules. Designated companies must assess and reduce systemic risks, undergo independent annual audits, and give regulators and vetted researchers more access to key data. (eur-lex.europa.eu, digital-strategy.ec.europa.eu) That matters because ChatGPT is already covered by Europe’s artificial intelligence rules in some settings, but the Digital Services Act targets how large online services distribute information and manage public-facing risks. A designation would put OpenAI under a regulatory regime built for reach, visibility, and downstream effects on users at scale. (eur-lex.europa.eu, techpolicy.press) The classification question has been building for months. Euractiv reported in October 2025 that the Commission was assessing OpenAI’s figures after the company disclosed that ChatGPT search alone had crossed the threshold, and an OpenAI spokesperson said those numbers covered search use, not broader chatbot activity. (euractiv.com, pymnts.com) The unresolved issue is what ChatGPT is in legal terms. Reuters said the Commission is weighing whether the service fits the category of a platform or a search engine, a distinction that will shape which Digital Services Act obligations apply and how OpenAI measures compliance. (reuters.com) OpenAI has already built some Digital Services Act reporting machinery in Europe. Its help page names a government contact point for authorities, and its transparency materials describe content moderation and reporting practices for ChatGPT search. (help.openai.com, openai.com) If Brussels formally designates ChatGPT, OpenAI would join the group of services that face direct European Commission supervision under the Digital Services Act. For now, the Commission says the case is still under analysis. (digital-strategy.ec.europa.eu, reuters.com)