EU places ChatGPT under stricter Digital Services Act oversight

The European Commission has formally designated ChatGPT as a Very Large Online Search Engine under the Digital Services Act, putting it into the EU’s highest tier of platform oversight.

OpenAI will now face additional requirements covering systemic risk, fundamental rights, illegal content, public security and the potential effects of its service on users. The designation reflects ChatGPT’s scale, with at least 45 million average monthly users in the EU.

Key facts

  • ChatGPT has been designated a Very Large Online Search Engine.
  • The designation applies because it exceeds 45 million average monthly EU users.
  • OpenAI has four months to meet the additional requirements.
  • Obligations include assessing and mitigating systemic risks.
  • Areas covered include fundamental rights, minors, public security and electoral processes.
  • Reddit and Roblox were designated as Very Large Online Platforms at the same time.

Our take

This is another sign that general-purpose AI services are beginning to be regulated not only as AI models, but also according to the role they play in how people access and discover information.

New Zealand does not have an equivalent regulatory structure, but organisations should watch these developments closely. Rules developed for large overseas platforms often influence vendor controls, transparency practices and product design globally, including the AI services used by New Zealand businesses.

Sources

About the author

Campbell McKenzie is a Director at Incident Response Solutions, a New Zealand firm experienced in cyber incident response, digital forensics, investigations and technology risk. Through KiwiGen.AI, Campbell helps professional services firms adopt generative AI safely, with practical governance and controls.