What happened
On 31 August 2026, the European Commission formally designated OpenAI's ChatGPT as a Very Large Online Search Engine (VLOSE) under the Digital Services Act — the first time a generative AI chatbot has received this classification — after OpenAI reported approximately 159.1 million average monthly active EU users (well above the 45-million threshold). Reddit and Roblox were simultaneously designated Very Large Online Platforms (VLOPs). This is a binding regulatory designation issued directly by the Commission, not a proposal.
Why it matters
The VLOSE designation subjects ChatGPT to the DSA's most stringent tier of obligations: annual independent systemic risk assessments and audits, algorithmic transparency, researcher data-access requirements, crisis response mechanisms, and direct Commission enforcement authority bypassing national regulators. Non-compliance risks fines up to 6% of global annual turnover (potentially ~$780M based on OpenAI's reported 2025 revenue). This creates a parallel compliance track alongside the EU AI Act's GPAI obligations, and sets a precedent likely to be applied to other large generative AI products crossing the user threshold.
Action needed
OpenAI must comply with additional DSA VLOSE obligations by the end of December 2026 (four months from notification), including systemic risk assessment, mitigation measures, and enabling researcher data access. Other GenAI products approaching 45M EU MAU should prepare for similar designation.