EU set to classify ChatGPT under strict online platform rules

It would mean strict requirements around safety and transparency

The European Commission is apparently preparing to designate ChatGPT as a "very large online search engine" under its landmark Digital Services Act (DSA).

German newspaper Handelsblatt, citing sources within the Commission, says the classification could be announced within days, subjecting ChatGPT developer OpenAI to some of the bloc's toughest digital regulations.

Officials have not confirmed the timing but acknowledge the assessment is under way.

Under the DSA, services with more than 45 million monthly active users in the EU can be designated as either very large online platforms (VLOPs) or very large online search engines (VLOSEs).

Those labels define strict obligations aimed at limiting systemic risks to users and society.

Data published by OpenAI indicates that ChatGPT's search functionality reached more than 120 million monthly users in the EU in the six months to September 2025, well above the threshold.

A European Commission spokesperson, Thomas Regnier, told Reuters that decisions on classifying large language models would be taken "on a case-by-case basis."

"OpenAI has published user numbers for ⁠ChatGPT above the 45 million DSA threshold for designation," he said.

"The Commission services are currently assessing this information."

OpenAI will be required to manage AI risk

If confirmed, the designation would place ChatGPT alongside major tech services already regulated under the DSA, including Amazon, Apple, Google, Meta, Microsoft and X.

Other services already listed include Booking.com, LinkedIn, AliExpress, Shein, Zalando and Pinterest.

Once the Commission designates a platform or search engine under the DSA, the company has four months to meet the new requirements.

These include setting up clear contact channels for both regulators and users; reporting suspected criminal activity; providing accessible and user-friendly terms of service; and ensuring transparency around advertising practices, recommendation algorithms and content moderation decisions.

Because of their scale and influence, VLOPs and VLOSEs are also subject to additional rules, which includes identifying, analysing and evaluating systemic risks linked to their services.

In particular, this involves examining threats related to illegal content and the protection of fundamental rights, as well as risks to public security, elections, public health and overall user wellbeing.

After identifying and reporting these risks to the Commission, companies must take effective steps to reduce them. This may involve redesigning aspects of their platforms, adjusting how recommendation systems operate, or allocating greater internal resources to detect and manage systemic risks more effectively.

Financial and regulatory impact

Compliance could significantly increase operating costs for OpenAI in Europe. Companies under the regime must contribute to the EU's supervisory framework, paying up to 0.05% of their global annual net income.

The European Commission collected €54.8 million in such fees last year. Penalties for breaches can be substantial: X was fined €120 million in December for failing to meet transparency requirements.

OpenAI already adheres to certain DSA rules, but a VLOSE designation would expand its obligations considerably, potentially requiring changes to how ChatGPT is designed and how its systems manage risk.

While the Commission has stressed that not all large language models will automatically be designated, ChatGPT's scale makes it a key test case.