EU: ChatGPT Now a Major Search Engine
▼ Summary
– The European Commission has designated ChatGPT as a very large online search engine under the Digital Services Act, marking the first AI chatbot to receive this status.
– Reddit and Roblox were simultaneously designated as very large online platforms because each serves at least 45 million average monthly users in the EU.
– These three services have four months from notification to comply with additional obligations aimed at mitigating systemic risks associated with their algorithms.
– Compliance requirements include conducting independent annual audits, sharing data with regulators, allowing researcher access, and offering non-profiling recommendation options.
– The designation is not a finding of wrongdoing but enables stricter oversight, with potential fines for non-compliance reaching up to 6% of global annual revenue.
OpenAI’s ChatGPT has become the first artificial intelligence chatbot to be classified as a very large online search engine by the European Commission. This landmark decision, announced alongside designations for Reddit and Roblox, places these tech giants under the strictest regulatory framework of the Digital Services Act (DSA). By meeting the threshold of at least 45 million average monthly users in the EU, these platforms are now subject to enhanced oversight regarding systemic risks, algorithmic transparency, and user safety.
Compliance Obligations and Systemic Risks
The three designated services have a four-month window from notification to implement the additional obligations mandated by the DSA. For OpenAI, this compliance deadline falls on August 31, 2026. The designation is based on data disclosed by the companies themselves. OpenAI reported that ChatGPT search served approximately 159.1 million average monthly active recipients in the EU during the six months ending March 31, 2026. This figure exceeds the regulatory threshold by more than three times. Reddit reported roughly 57.2 million users, while Roblox estimated its average at 46.6 million for the same period.
To remain compliant, these platforms must identify, assess, and mitigate systemic risks linked to their services and algorithmic systems. The Commission highlights specific concerns including the spread of illegal content, potential harm to minors, impacts on mental and physical wellbeing, threats to fundamental rights, interference with electoral processes, and public security issues.
Furthermore, each service must undergo an independent annual audit and share relevant data with both the Commission and national authorities. Vetted researchers will also gain access to platform data to conduct qualifying research on systemic risks. If the services utilize recommender systems, they must provide users with an option that does not rely on profiling. Similarly, any entity displaying advertisements must maintain a public repository of those ads. It is crucial to understand that this designation does not constitute a finding of wrongdoing. Enforcement is a separate legal process, though violations can result in fines reaching up to 6% of a company’s global annual revenue.
Defining AI as a Search Engine
The Commission justified the classification by describing ChatGPT as a hybrid service. Because it responds to user prompts and queries, including performing web searches, it qualifies as an online search engine under the act. This move extends regulatory scrutiny previously focused on traditional search engines like Google. Earlier this year, the Commission proposed requiring Google to share search data with competitors under the Digital Markets Act (DMA), a rule finalized in July. While the DMA allows chatbots with search functions to access Google’s data if they meet its definition of a search engine, the DSA designation applies directly to ChatGPT itself.
Henna Virkkunen, the Commission’s executive vice-president for tech sovereignty, security and democracy, stated:
“These new designations mean that ChatGPT, Reddit and Roblox will now be held to a higher standard of scrutiny and accountability in the European Union, in line with their large impact on our citizens and society.”
Future Implications and Enforcement
This designation clarifies the legal status of generative AI within the EU’s digital framework. The transparency requirements may prove as significant as the label itself, particularly as researchers gain a formal mechanism to request data for studying systemic risks. The compliance deadline approaches quickly, and the first reports on systemic risks will soon be submitted to the Commission.
If a designated service maintains fewer than 45 million monthly EU users for a full year, the Commission retains the authority to revoke its status. Enforcement remains a critical test for the DSA. To date, the Commission has issued fines totaling 870 million euros, including a substantial penalty against AliExpress in July. The coming year will reveal how effectively these regulations apply to interactive chatbots, setting a precedent for the governance of AI technologies across Europe.
(Source: Search Engine Journal)
