What's the difference between the DSA and the EU AI Act?

They regulate different things. The DSA governs platform accountability and content risk, scaled to how many users a service has in the EU. The EU AI Act regulates AI systems by risk level — things like biometric surveillance or hiring algorithms — regardless of user count.

What's the difference between a VLOP and a VLOSE?

Both carry the same heavy DSA obligations once a service crosses 45 million monthly EU users — the only difference is the type of service. VLOP (Very Large Online Platform) covers things like social networks and marketplaces; VLOSE (Very Large Online Search Engine) covers search tools. ChatGPT was classified as a VLOSE because of its live web-search feature.

Does the DSA apply to companies outside the EU, like ones based in Georgia?

Yes — the DSA applies based on where users are, not where the company is registered. A Georgia-based online service used by enough people in the EU could fall under it in principle, though the 45-million-user threshold for the strictest tier is realistic only for large global platforms, not typical Georgian startups.

What happens if OpenAI doesn't comply with the new obligations?

The European Commission can fine violators up to 6% of their global annual revenue. It has already used this power once, fining X (formerly Twitter) €120 million in December 2025 for DSA violations.

Will the 'search engine' label change how ChatGPT works for everyday users?

Not immediately. The new obligations are mostly about risk assessments, audits, and data access for regulators and researchers — not visible product changes. Over time, EU users may see more transparency features, such as clearer options to turn off personalized results.

What Is the EU Digital Services Act — and Why It Now Covers ChatGPT

The Digital Services Act (DSA) is an EU law that sets rules for how online services handle illegal content, user safety, and transparency — with the strictest requirements reserved for the biggest platforms. It has applied since 2024, but its toughest tier just grew: the European Commission designated ChatGPT a “Very Large Online Search Engine” (VLOSE), placing it under the same scrutiny as Google Search and Bing.

What the DSA Actually Regulates

The DSA applies to essentially every online intermediary that serves EU users — marketplaces, social networks, app stores, hosting providers, and search engines — but it scales obligations to size and risk rather than treating every company the same. Baseline rules apply to nearly everyone: services must explain content-removal decisions, give users a way to appeal moderation calls, offer an easy channel to report illegal content, and verify seller identities on marketplaces. Smaller companies (fewer than 45 employees and under €10 million in turnover) are exempt from some of these.

The 45-Million-User Line

The DSA’s heaviest obligations kick in only for services that reach an average of 45 million monthly active users in the EU — roughly 10% of the bloc’s population. Cross that line, and the European Commission can designate a service a “Very Large Online Platform” (VLOP) or, for search tools, a “Very Large Online Search Engine” (VLOSE). Providers must self-report their EU user counts every six months, and the Commission checks those figures before deciding whether to designate a service. A service loses VLOP/VLOSE status only if it stays under the threshold for a full year.

Why ChatGPT, Specifically, Got the Search-Engine Label

ChatGPT reported averaging around 159 million monthly active users in the EU for the six months ending March 2026 — more than three times the threshold. The Commission’s reasoning centers on ChatGPT’s live web-search feature: a chatbot that fetches and summarizes current results from the internet functions, in regulatory terms, as a search engine, not just a chat app. Reddit and Roblox were designated the same day as VLOPs (general large platforms), bringing the total number of DSA-designated major services to 28. It’s the first time an AI chatbot has been placed in the search-engine category, and regulators have signaled the same logic could extend to other assistants with live browsing, such as Gemini, Claude, or Perplexity, as their EU user numbers grow.

What Changes for OpenAI — and for Users

VLOSE status brings obligations well beyond the DSA baseline. OpenAI must now run annual risk assessments covering illegal content, harm to minors, effects on users’ mental and physical wellbeing, fundamental rights, and electoral integrity — and publish public summaries of the results. Those assessments must go through independent audits, paid for by OpenAI, within a year. The company also has to give regulators and vetted outside researchers access to relevant data. According to the European Commission, OpenAI has four months from the designation — until January 2027 — to comply. Non-compliance can bring fines of up to 6% of a company’s global annual revenue; the Commission has already fined X €120 million under the same rules.

DSA vs. Digital Markets Act vs. EU AI Act

The DSA is easy to confuse with two other EU tech laws. The Digital Markets Act targets a small list of “gatekeeper” companies to keep digital markets competitive — think app-store rules and interoperability, not content moderation. The EU AI Act is different again: it regulates AI systems by risk level, independent of user numbers, covering things like biometric surveillance and hiring algorithms. The DSA sits apart from both — it’s about platform accountability and systemic risk, scaled by audience size, regardless of what technology powers the service.

In the News

The designation of ChatGPT, Reddit, and Roblox in August 2026 is the concrete trigger for all of this — the first time the DSA’s toughest tier has been applied to a generative AI chatbot.