ChatGPT is the first AI chatbot to be designated under the DSA.

      The European Commission has categorized ChatGPT as a search engine. This classification, announced on Monday, places the chatbot under the Digital Services Act (DSA) as a Very Large Online Search Engine, alongside Reddit and Roblox, which have been classified as Very Large Online Platforms. ChatGPT is the first AI chatbot to receive this designation. The Commission revealed the decision after indicating in July that it planned to take action by August.

      The classification stems from a straightforward calculation. Services that have more than 45 million monthly users in the EU meet the DSA's criteria, and ChatGPT has reported 159 million monthly active users within the six months leading up to March 2026. Reddit and Roblox also surpassed this threshold, albeit with smaller numbers; Reddit reported 57.2 million monthly users, while Roblox had approximately 48 million, both above the limit but significantly below ChatGPT's reach.

      What is particularly noteworthy is the decision to classify ChatGPT as a search engine. A chatbot that answers questions in natural language is now regulated alongside services that organize and direct users to information online. This classification is significant because the DSA imposes varying requirements based on the type of service being designated.

      For ChatGPT, this implies that the Commission will apply search-related obligations to a system that not only retrieves and ranks web pages but also generates responses. This raises questions about how these answers are produced, the risks they may pose, and how such risks can be evaluated.

      The classification does not create a new set of rules but places the three companies under a compliance regime that necessitates annual systemic risk assessments in areas like illegal content, protection of minors, physical and mental well-being, fundamental rights, electoral processes, and public security. Additionally, these companies will be mandated to undergo independent audits and provide data access for regulators and authorized researchers. Access to data has been a contentious issue under the DSA for large online platforms, especially when researchers seek information deemed commercially sensitive by companies.

      Henna Virkkunen, the Commission’s executive vice-president for tech sovereignty, security, and democracy, remarked, “These new designations mean that ChatGPT, Reddit, and Roblox will now be held to a higher standard of scrutiny and accountability.” The companies are given four months to comply, setting the deadline at the end of November. The DSA enables the Commission to impose fines of up to 6% of a company's global annual revenue for severe infractions.

      For Roblox, the requirements concerning minors are particularly critical, given that a significant portion of its audience consists of children and teenagers. Therefore, the company will need to formally evaluate and mitigate risks to their safety and well-being, with these measures subject to independent auditing.

      OpenAI faces a different challenge, as it will have to address systemic risks related to electoral processes and public safety, among other concerns. As a general-purpose AI system capable of handling inquiries ranging from everyday questions to political information, this entails translating overarching worries about AI's influence on a large scale into identifiable, measurable, and auditable risks.

      Reddit's classification introduces additional questions. Though it has the fewest users among the three, it facilitates extensive public discussions and is increasingly valuable as a data source for AI companies. Over the past two years, Reddit has transitioned its access to this content into a licensing business, making its relationship with AI developers a significant aspect of its commercial model.

      The designations are legally anchored to specific entities rather than just consumer-facing brands. The Commission's register includes OpenAI Ireland Limited, Reddit Netherlands B.V., and Roblox Corporation, with national regulators in Ireland and the Netherlands sharing enforcement responsibilities.

      This decision comes amid heightened European technology enforcement efforts. Poland has urged the Commission to fine Meta €250 million over fraudulent advertising, while the Commission is preparing measures that would require Google to allow rival AI assistants on Android under the Digital Markets Act.

      Neither OpenAI, Reddit, nor Roblox has publicly contested the designations. They have the option to appeal the decisions, but doing so would result in an unusual situation where they challenge a classification based primarily on user numbers they themselves have reported.

      The broader implication is that the DSA is now being applied beyond the social networks and content platforms it was originally associated with. In a single announcement, the Commission has categorized a chatbot, an online forum, and a platform widely used by children under a unified high-level regulatory framework, despite the differing risks these services pose.

      The practical assessment will occur in November when the initial risk assessments are due. For OpenAI, a particularly intriguing question will be whether a framework developed for traditional online platforms can adequately account for a system that generates information rather than merely hosting or distributing it.