Commission weighs DSA VLOP status for ChatGPT search

The European Commission is examining whether OpenAI’s ChatGPT meets the criteria for Very Large Online Platforms (VLOPs) under the Digital Services Act (DSA), following newly reported usage figures in the EU. OpenAI disclosed an average of 120.4 million monthly EU users for ChatGPT’s search function over a six‑month period, significantly above the DSA’s 45 million user threshold for enhanced obligations.

A Commission spokesperson confirmed awareness of the threshold exceedance and stated the institution is assessing the information. Under the DSA, VLOP designation hinges on the nature of the service: generative AI systems like ChatGPT may fall in scope if integrated into services that qualify, such as search engines, marketplaces, or content‑sharing platforms. Each designation proceeds via a case‑by‑case analysis.

OpenAI clarified that the reported figure pertains solely to ChatGPT’s search capability, not broader conversational or other model functions. The search feature operates both when users explicitly request web searches and when ChatGPT proactively initiates a search to provide contextually relevant results.

If ChatGPT’s search offering is designated as a VLOP, the service would face additional DSA compliance obligations, including systemic risk assessments, independent audits, enhanced transparency, and data access to vetted researchers. The Commission’s ongoing assessment will determine whether the integration and functionality of ChatGPT’s search meet the DSA criteria for designation.