EU weighs DSA label for ChatGPT
European regulators are considering whether ChatGPT meets the Digital Services Act threshold for a “large online platform,” a move that would impose stricter oversight and disclosure requirements. The discussion follows OpenAI disclosing user numbers above the 45 million threshold and has prompted broader debate about platform‑style obligations for generative‑AI services. (enterpriseai.economictimes.indiatimes.com)
European Union regulators are assessing whether ChatGPT should be treated like one of the bloc’s biggest online platforms under the Digital Services Act. (channelnewsasia.com) A European Commission spokesperson said on April 10, 2026 that OpenAI had published ChatGPT user numbers above the law’s 45 million-user threshold and that Commission services were reviewing the data. Reuters reported the spokesperson, Thomas Regnier, said the analysis would be done “case-by-case.” (channelnewsasia.com) The number at issue is not all ChatGPT use. OpenAI’s European Union filing says “ChatGPT search,” its web-connected search feature, had about 120.4 million average monthly active recipients in the European Union in the six months ending September 30, 2025. (help.openai.com) Under the Digital Services Act, services with more than 45 million monthly users in the European Union can be designated as Very Large Online Platforms or Very Large Online Search Engines. Once designated, a service has four months to comply with the extra rules. (digital-strategy.ec.europa.eu) Those extra rules go beyond basic notice-and-takedown duties. The European Commission says designated services must assess and mitigate systemic risks tied to illegal content, fundamental rights, public security, elections, minors’ safety, and public health. (digital-strategy.ec.europa.eu) The question for Brussels is what ChatGPT is under the law. Regnier said large language models could fall within the Digital Services Act’s scope, but only after a service-by-service analysis of how the product works. (channelnewsasia.com) The Commission has already shown it can split a product into covered and non-covered parts. When it designated WhatsApp on January 26, 2026, it said WhatsApp Channels counted as an online platform, while WhatsApp’s private messaging service remained outside that part of the law. (digital-strategy.ec.europa.eu) That matters for ChatGPT because the Digital Services Act was written for online intermediaries such as marketplaces, social networks, app stores, and search engines, not for chatbots alone. The Commission said in a December 2025 review that the 45 million-recipient threshold remains “fit-for-purpose,” even as digital services change shape. (digital-strategy.ec.europa.eu; digital-strategy.ec.europa.eu) OpenAI said it published the figures in line with its existing obligations, which already require providers to disclose European Union user numbers every six months. Its public Digital Services Act page identifies the metric as average monthly active recipients for ChatGPT search in the bloc. (help.openai.com; digital-strategy.ec.europa.eu) No formal designation for ChatGPT appears on the Commission’s list of supervised Very Large Online Platforms and Very Large Online Search Engines as updated on April 1, 2026. For now, the case is a live test of whether Europe will regulate generative artificial intelligence services as chat tools, search tools, or both. (digital-strategy.ec.europa.eu)
