EU eyes DSA on OpenAI
The European Union is reportedly considering applying the Digital Services Act to OpenAI after the company published user numbers that could cross the DSA designation threshold, which would layer platform obligations on top of AI‑specific rules. That step would mean OpenAI could face platform‑scale transparency and systemic‑risk requirements in parallel with the new AI Act. (startupnews.fyi)
The European Commission said on April 10 it is analyzing whether ChatGPT should be treated as a very large online service under the Digital Services Act after OpenAI reported European user numbers above the legal threshold. (channelnewsasia.com) OpenAI’s European disclosure 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 threshold for a very large online platform or very large online search engine is 45 million monthly users in the bloc. (help.openai.com, digital-strategy.ec.europa.eu) A Commission spokesperson, Thomas Regnier, said OpenAI had published user numbers above the designation threshold and that Brussels was reviewing the data. Reuters reported OpenAI declined to comment on the possible designation. (channelnewsasia.com, money.usnews.com) The Digital Services Act is the European Union law for large online intermediaries such as marketplaces, social networks, and search services. A designation would add platform rules to the separate Artificial Intelligence Act rules already being phased in for general-purpose artificial intelligence models. (digital-strategy.ec.europa.eu, digital-strategy.ec.europa.eu) Under the Digital Services Act, a designated service gets four months to comply after the Commission decision. The law requires annual independent audits and risk assessments focused on illegal content, fundamental rights, public security, public health, minors, and electoral processes. (digital-strategy.ec.europa.eu, eur-lex.europa.eu) The question for Brussels is partly how to classify ChatGPT. The Commission has said it is assessing whether the service fits the Digital Services Act as a very large online platform or a very large online search engine. (channelnewsasia.com, europarl.europa.eu) OpenAI is already building out European compliance plumbing. Its Digital Services Act page names a government contact point under Article 11, and OpenAI says it has signed the European Union’s general-purpose artificial intelligence Code of Practice to show compliance with the Artificial Intelligence Act. (help.openai.com, openai.com) If Brussels moves ahead, ChatGPT would be regulated in Europe both as an artificial intelligence provider and, potentially, as a platform-scale service with more than 45 million users. The next step is the Commission’s designation decision, which would start the four-month compliance clock. (digital-strategy.ec.europa.eu, channelnewsasia.com)
