ChatGPT Likely to Be Classified as VLOSE Under DSA

The European Commission is expected to designate ChatGPT as a Very Large Online Search Engine under the Digital Services Act. According to sources cited by Handelsblatt, the decision could be adopted within days. The designation applies to services with more than 45 million monthly active users in the EU, a threshold that ChatGPT has clearly exceeded.

OpenAI’s published figures show that ChatGPT search recorded around 120.4 million monthly users in the EU in the six months ending September 2025. While the Commission has not formally confirmed the designation, it acknowledged that large language models are assessed under the DSA on a case-by-case basis. The Commission is currently reviewing OpenAI’s user data to determine whether the legal criteria are met.

If classified as a VLOSE, OpenAI would be subject to enhanced obligations. These include risk assessments covering illegal content, fundamental rights, electoral processes, and public safety, as well as annual independent audits and reinforced internal compliance structures. OpenAI would also need to provide regulators and approved researchers with access to relevant data to assess systemic risks.

The designation would likely increase OpenAI’s operating costs in the EU. VLOSEs must contribute to supervisory fees, capped at 0.05% of global annual net income, and comply within four months of designation. Recent enforcement actions show that noncompliance carries significant financial exposure, with fines reaching well into nine figures in euro terms.