INDUSTRIES, ISP | The EU Commission designates ChatGPT as a very large online search engine under the DSA

On 31 August 2026, the European Commission announced the designation of ChatGPT as a very large online search engine under Regulation (EU) No. 2022/2065 of 19 October 2022 (Digital Services Act, the DSA). The Commission also designated Reddit and Roblox as very large online platforms, bringing the total number of designated platforms and search engines to 28. All three services reported at least 45 million average monthly users in the EU, meeting the threshold for designation. In its press release, the Commission describes ChatGPT as a hybrid service that qualifies as an online search engine because it can respond to users’ prompts and queries, including by searching the web.

While already subject to the DSA’s general obligations, the three services have four months from notification of their designation to comply with the additional requirements applicable to very large services. For OpenAI, these include assessing and mitigating systemic risks arising from ChatGPT and its algorithmic systems, and undergoing annual independent audits. The risks to be addressed include the dissemination of illegal content and adverse effects on minors, users’ physical and mental well-being, fundamental rights, electoral processes and public security. The Commission will directly supervise compliance with these additional obligations and will be able to exercise investigative powers concerning the service and related systems, cooperating with Ireland’s Digital Services Coordinator, Coimisiún na Meán. At the time of writing, the designation decision is not yet publicly available.

The designation nevertheless marks a significant development, given the ongoing debate over whether and to what extent generative AI services such as ChatGPT qualify as intermediary services under the DSA, particularly in relation to their content-generating functions.

Newsletter n. 121 – August/September 2026