The European Commission formally designated OpenAI's ChatGPT as a Very Large Online Search Engine (VLOSE) under Regulation (EU) 2022/2065 on 31 August 2026. Reddit and Roblox were simultaneously designated as Very Large Online Platforms (VLOPs). The decisions are final and effective immediately, marking the first time an AI chat and search service has been classified as a VLOSE under the Digital Services Act.
Designation triggers Chapter V obligations under Regulation (EU) 2022/2065. Article 65(1) requires OpenAI to identify and analyse systemic risks at least annually, covering illegal content dissemination, adverse effects on minors, threats to fundamental rights, and risks to electoral processes and public security. Article 69 mandates independent external audits of risk assessment and mitigation measures at OpenAI's expense. Article 67 requires data access for vetted researchers under Article 40 conditions. The threshold for designation under Article 62(1) is 45 million average monthly active recipients in the EU; OpenAI reported 159.1 million for the six months ending 31 March 2026. Non-compliance with Chapter V exposes OpenAI to fines of up to 6% of global annual turnover under Article 74(1).
OpenAI has four months, until January 2027, to implement the full Chapter V compliance program. In practice, this requires appointing a DSA compliance officer, commissioning an accredited independent auditor, publishing transparency reports covering algorithmic recommendation systems and content moderation, and establishing a data access interface for approved researchers. AI model developers, advertising technology providers, and third-party integrators building on ChatGPT should reassess contractual arrangements for potential downstream audit and transparency obligations. Any AI service crossing 45 million monthly EU recipients faces designation under the same procedure.
OpenAI may contest the monthly recipient count before the Commission. Separately, EU AI Act transparency obligations that entered enforcement on 2 August 2026 apply to ChatGPT independently, placing OpenAI under two concurrent and partially overlapping EU regulatory regimes. The Commission may revoke or modify a designation if the service falls below threshold for a sustained period.
Licentium may advise on this development or connect clients with counsel in our partner network. Work we undertake includes DSA compliance program design, VLOSE and VLOP designation analysis, EU AI Act regulatory mapping, systemic risk assessment, and digital services regulatory advisory.