EU Commission designates ChatGPT, Reddit, and Roblox under the Digital Services Act

Summary

The European Commission has classified ChatGPT as a Very Large Online Search Engine (VLOSE) under the Digital Services Act, while designating Reddit and Roblox as Very Large Online Platforms (VLOPs). This decision initiates a four-month compliance period ending in January 2027 for systemic risk assessments and algorithmic transparency obligations.

Why it matters

This marks the first time a generative AI chatbot has been formally included in the DSA's 'search engine' category. This sets a precedent for how AI products will be regulated in the EU. The package of obligations, which covers the 45 million user threshold and areas such as child protection, elections, fundamental rights, and public safety, indicates that the Commission is positioning the DSA as the primary enforcement tool for AI-adjacent services. This approach moves the DSA beyond being merely a separate AI Act. The January 2027 deadline for the three companies compresses a comprehensive compliance burden into a single quarter.

Highlights

• ChatGPT was classified as a VLOSE rather than a VLOP. This is a deliberate regulatory framing that shapes which DSA rules apply.
• All three services self-reported meeting the 45 million EU monthly user threshold. The Commission accepted these figures without independent verification.
• The compliance deadline is January 2027. This date covers obligations related to systemic risk mitigation, algorithmic transparency, child protection, and election integrity.

Critical take

Labeling an AI as a 'search engine' is a stretch that may allow OpenAI to avoid certain VLOP-specific obligations (such as recommendation system transparency). However, the VLOSE regime still applies. Additionally, relying on platforms' self-reported user numbers rather than independent audits weakens the evidentiary basis of the entire process.