On August 31, the European Commission formally designated OpenAI’s ChatGPT as a Very Large Online Search Engine (VLOSE), applying the highest tier of obligations under the Digital Services Act (DSA). This classification extends the EU’s regulatory reach to include ChatGPT’s integrated search functionalities, marking a significant milestone in AI oversight and digital platform governance.
What Happened
The European Commission confirmed the VLOSE designation of ChatGPT on August 31, 2024, aligning the AI chatbot under the DSA’s strictest regime for online search engines. This follows the integration of a web search capability into ChatGPT, meeting the DSA’s definition of a search engine as a service that lets users search “in principle, all websites” under Article 3(j). The decision obliges OpenAI to comply with enhanced risk assessments, implement mitigation strategies, undergo independent audits, provide data access to vetted researchers, and submit detailed transparency reports.
Key Facts
This designation applies to ChatGPT’s search function across the European Union, encompassing its more than 159 million search users. The regulation is rooted in the Digital Services Act, a comprehensive EU framework designed to establish accountability for very large online platforms (VLOPs) and services. The DSA sets due diligence obligations, including risk management under Article 34, transparency standards per Article 39, and data access mechanisms outlined in Article 40. OpenAI must conduct thorough risk assessments related to service design and functionality, explicitly covering issues like algorithmic amplification and the impact on media pluralism. Compliance with the new rules and publication of advertising repositories triggered by ChatGPT’s recent introduction of ads will be required starting January 2027. The designation also feeds into potential future regulatory under the Digital Markets Act (DMA) if OpenAI meets additional criteria.
What This Means
By classifying ChatGPT as a Very Large Online Search Engine under the DSA, the European Commission is asserting that AI-driven hybrid platforms fall squarely within existing digital service governance frameworks, even though these rules were adopted before generative AI rose to prominence. For OpenAI, this means intensified regulatory scrutiny on how its AI ranks, cites, and amplifies information—key components influencing democratic discourse, public security, and media diversity. Crucially, the designation mandates transparency around algorithmic decision-making and advertising practices, creating new responsibilities for openness and accountability. It also empowers independent researchers to analyze systemic risks and the broader societal impacts of ChatGPT, fostering an evidence-based regulatory ecosystem. This move signals that AI tools offering search functionalities can no longer operate without sector-specific legal obligations in the EU, setting a precedent for other AI products globally.
Background
The Digital Services Act, adopted in 2022 and gradually phased in 2023–2024, established a harmonized set of rules for online intermediaries and platforms with over 45 million users in the EU. While initially focusing on social networks and search engines, the Act’s technological neutrality allows the Commission to incorporate new and emerging digital services like AI-powered chatbots. Early discussions and expert analyses foresaw such designations, particularly given ChatGPT’s capabilities with integrated search launched in 2023 and 2024. This decision builds on the EU’s broader digital regulatory strategy, complementing the Digital Markets Act, which targets gatekeeper platforms but currently does not treat generative AI as a core platform service.
What Remains Unclear
Several questions remain open about how the DSA will be enforced specifically for hybrid AI services like ChatGPT that combine conversational interfaces with search engines. It is uncertain if or when the chat interface itself, distinct from the search function, will be subject to a separate designation. The precise scope and methodology of required risk assessments and audits on algorithmic amplification, including the prioritization of sources, have yet to be detailed. Additionally, the Commission has not clarified how its upcoming supervision will address compliance challenges related to ChatGPT’s ad placements prior to the full application of rules in 2027.
What Comes Next
OpenAI is expected to begin fulfilling its enhanced due diligence obligations under the DSA framework, including risk assessments and transparency reporting in the coming months. Independent researchers granted access under Article 40 will start investigations into media pluralism and systemic risks. The European Commission’s ongoing supervision will further shape the interpretation and enforcement of ChatGPT’s obligations. With the DSA’s framework fully operational in 2027, OpenAI must publish detailed advertising repositories and maintain accountability for ad placements. Meanwhile, whether this designation prompts the Commission to consider a gatekeeper status for OpenAI under the Digital Markets Act remains a key potential development.
Sources
This article is based on reporting and publicly available information from the following source:
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