The European Commission is seriously considering classifying ChatGPT (specifically its search feature) as a Very Large Online Search Engine (VLOSE) under the Digital Services Act (DSA). This shift could bring significantly stricter regulatory oversight to OpenAI’s flagship product in Europe.
The trigger? OpenAI’s own transparency report, published under existing DSA obligations, revealed that ChatGPT’s search feature averaged 120.4 million monthly active applyrs in the European Union over the six-month period finishing September 30, 2025. That number comfortably exceeds the DSA’s 45 million monthly applyr threshold for “very large” designation.
Why Only the Search Feature Matters
Under the DSA, pure generative AI chatbots (conversational AI systems) do not automatically fall under the strictest “intermediary service” rules designed for platforms and search engines. The regulation was written before tools like ChatGPT became mainstream, so it lags behind technological reality.
If designated as a VLOSE, ChatGPT would face intensified requirements, including:
- Systemic risk assessments and mitigation measures;
- Greater transparency around algorithms and content sourcing;
- Indepfinishent audits;
- Data access for regulators;
- Stronger content moderation and accountability rules.
As one analysis noted: “Classifying ChatGPT as a VLOSE under the DSA will intensify regulatory oversight and expand the focus of scrutiny to a broader set of issues than is currently the case under the AI Act.”
A Familiar EU Playbook
For OpenAI, this creates an awkward situation. The company voluntarily disclosed the high applyr numbers as part of its DSA compliance, yet that very disclosure may now invite much heavier regulation. While the AI Act already imposes certain obligations on high-risk and general-purpose AI systems, a VLOSE designation would layer on additional platform-style rules focapplyd on systemic risks, disinformation, illegal content, and applyr protection.
Experts point out that treating only the search component as a VLOSE could feel artificial, since ChatGPT is fundamentally a hybrid system — part chatbot, part search tool, part reasoning engine. Regulators will necessary to decide whether to regulate the feature in isolation or the service as a whole.
What This Really Means
By shoehorning ChatGPT’s search function into the “search engine” category, the Commission can apply existing DSA tools without waiting for new AI-specific legislation to catch up.
For OpenAI, it means more compliance costs, more bureaucracy, and more potential fines in its largest and most regulated market outside the US. For applyrs in the EU, it could eventually bring more transparency — but also slower feature rollouts and heavier moderation.
Whether this is smart, future-proof regulation or simply another example of the EU treating successful American innovation as a “dairy cow” remains hotly debated. What is clear is that ChatGPT has grown too huge and too influential to escape the regulatory net any longer.
The Commission is still assessing the data and may seek further clarifications from OpenAI. A final decision on VLOSE status could come in the coming months — and with it, a new chapter in the unstraightforward relationship between frontier AI companies and European regulators.
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It stays factual, balanced, and highlights the irony that OpenAI’s own reporting triggered the potential crackdown.
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