European Commission considering whether ChatGPT falls under DSA scope
03/02/2026 | EURACTIV
The European Commission is set to decide by the first quarter of 2026 whether OpenAI’s ChatGPT will be designated as a very large online platform (VLOP) under the Digital Services Act (DSA). In October, OpenAI reported 120.4 million average monthly users in the EU, significantly exceeding the 45 million threshold required for the strictest governance rules. Such a designation would require the company to take specific steps to mitigate systemic risks.
The Commission’s assessment involves both quantitative and qualitative analyses to determine if the standalone chatbot falls within the scope of the regulation. A key factor is ChatGPT’s online search feature, which functions similarly to a traditional search engine. While the formal process continues, Executive Vice-President of the European Commission for Technological Sovereignty, Security and Democracy, Henna Virkkunen, noted that OpenAI could voluntarily comply with obligations to reduce harmful content.
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