On 31 August 2026, the European Commission issued designation decisions classifying ChatGPT as a Very Large Online Search Engine (VLOSE) and Reddit and Roblox as Very Large Online Platforms (VLOPs) under Regulation (EU) 2022/2065 (Digital Services Act, 'DSA'). This is the first time the VLOSE category has been applied to a generative AI assistant.
Article 33(4) DSA requires the Commission to designate a platform or search engine once it has confirmed that the service reaches 45 million or more average monthly active recipients in the EU. OpenAI self-reported 159.1 million such recipients for the period ending 31 March 2026. VLOSE status triggers obligations under Articles 38 to 42 DSA, covering algorithmic transparency, independent audits, researcher data access, and systemic risk assessment on recommender systems.
OpenAI must comply with VLOSE obligations within four months of notification, placing the deadline in late December 2026 or January 2027. In that period OpenAI must complete an annual systemic risk assessment under Article 34 DSA, adopt mitigation measures, arrange independent audits under Article 37 DSA, and provide researchers with access to public data under Article 40 DSA. The Commission supervises compliance in cooperation with Coimisiún na Meán and may impose fines of up to 6% of OpenAI's global annual turnover.
No settled standard yet defines how the algorithmic transparency obligations under Article 38 DSA apply to a large language model rather than a conventional search index. The Commission and ENISA have indicated that guidance is forthcoming. Other AI-powered services offering search-like query-and-response features may face designation if their monthly EU recipient counts cross the 45 million threshold.
Licentium and its partner network advise AI developers and online platform operators on DSA compliance. Work we undertake includes VLOSE and VLOP designation analysis, risk assessment design, algorithmic transparency reporting, audit preparation, and engagement with national Digital Services Coordinators.