The EU Commission has classified ChatGPT as a very large search engine under the Digital Services Act (DSA) for the first time. The reason: OpenAI's chatbot has integrated web search capabilities and reaches at least 45 million users monthly in the EU – well above the threshold for this classification. The designation brings significant new compliance obligations for OpenAI.
Key Facts
- ChatGPT classified as very large search engine; Reddit and Roblox as very large online platforms
- All three services have until end of December 2026 to meet new control requirements
- OpenAI must provide a public advertising archive, biannual transparency reports, and data access for approved researchers
- A total of 28 platforms and search engines are now classified under the DSA
What Changes for OpenAI
The Commission gains extensive audit rights over ChatGPT's risks and functionality. Operational requirements include:
| Requirement | Deadline |
|---|---|
| Public advertising archive | End of 2026 |
| Biannual transparency reports | End of 2026 |
| Data access for approved researchers | End of 2026 |
| Reporting mechanisms for illegal content | End of 2026 |
| Crisis response mechanism | End of 2026 |
OpenAI must also assess risks – including illegal content, harm to minors, and election interference. The Commission works with regulators in Ireland and the Netherlands, where OpenAI is regulatory domiciled.
The Contested Question: Training Data
It remains unclear whether the required data access for researchers includes training data or model weights. Legal experts disagree on this point. Law professor Natali Helberger from the University of Amsterdam told Tech Policy Press:
"This raises interesting questions about the scope of data access rights, and whether the access obligation under Article 40 might also include access to training data or model weights, if such access is necessary to identify systemic risks."
Direct testing of models by the Commission is not explicitly provided for in the classification – though this could change if risk assessment requires it.
A Turning Point in EU AI Regulation
The ChatGPT classification marks a turning point: it shows the EU Commission regulates AI systems as digital services once they reach certain user thresholds, rather than as pure AI products. With ChatGPT, Reddit, and Roblox now classified, a total of 28 platforms and search engines fall under DSA rules.
Vice-President Henna Virkkunen emphasized that services must submit to stricter oversight – a clear signal to other major tech providers.
What This Means for German Companies
The ChatGPT classification has signaling power: German companies offering AI systems with significant EU user bases should prepare for similar requirements. The DSA applies to all services meeting the thresholds – regardless of provider location. Anyone operating AI systems in the EU must expect transparency obligations, risk assessments, and data access rights for authorities and researchers. This is not a special case for OpenAI, but the new normal in the European digital landscape.
Sources
Editorially owned by Ideal Syka. Sources and method: Newsroom & method. Tips and corrections: ai@i6eal.de.
