EU Designates ChatGPT as Very Large Online Search Engine, OpenAI Faces Strictest DSA Compliance Obligations

On August 31, 2026, the European Commission designated ChatGPT as a Very Large Online Search Engine under the Digital Services Act, with EU monthly active users of 159.1 million—far exceeding the 45 million threshold. OpenAI now faces the DSA's strictest compliance requirements, including systemic risk assessments, independent audits, and data sharing obligations.

The European Commission announced on August 31, 2026, that it would classify ChatGPT as a Very Large Online Search Engine under the Digital Services Act (DSA), determining that its EU monthly active users reached 159.1 million, far exceeding the 45 million threshold.

Factual Account

According to the official announcement, ChatGPT was classified as a hybrid service due to its web search capability, meeting the definition of an online search engine. Reddit and Roblox were designated as Very Large Online Platforms. OpenAI disclosed that ChatGPT's search feature had an average of approximately 159.1 million EU monthly active users in the six months ending March 2026, with Reddit at 57.2 million and Roblox at approximately 48 million. The three services must fulfill the strictest obligations within four months, by the end of November, including annual systemic risk assessments, independent audits, and data sharing with regulators and qualified researchers.

Mechanism Breakdown

The DSA categorizes services with more than 45 million monthly active users as Very Large Online Platforms or search engines. ChatGPT was recognized as a search engine due to its ability to respond to user prompts and conduct web searches. This means OpenAI must conduct risk assessments on issues including illegal content, protection of minors, impacts on users' physical and mental health, fundamental rights, electoral processes, and public safety. Supervision will be carried out jointly by the European Commission, Ireland's Digital Services Coordinator, and the Netherlands Authority for Consumers and Markets.

Industry Impact

This designation brings the total number of platforms under the DSA's strictest tier to 28. The DSA has so far generated approximately €870 million in fines, including a €550 million fine against AliExpress. OpenAI will bear additional compliance costs and disclosure obligations, which, combined with existing AI Act requirements, will expand its operational burden in the EU. Reddit and Roblox face the same audit and data-sharing requirements.

Strategic Assessment

(Analysis, not fact) OpenAI may need to adjust its content governance architecture to meet risk assessment and transparency requirements, which will affect the scope of its algorithm disclosures. Compared with historical precedents, this marks the first time a generative AI chatbot has been placed in the DSA's highest compliance tier, and may prompt other AI services to assess whether their own user numbers trigger similar designations.

Source: Euronews report and European Commission announcement.