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Can an AI chatbot be treated legally as a search engine? On August 31, 2026, the European Commission answered this question in the affirmative and classified ChatGPT as a “Very Large Online Search Engine” for the first time. Reddit and Roblox will henceforth be considered “Very Large Online Platforms.” All three services will now have to comply with the strictest obligations under the Digital Services Act.
What did the Commission decide?
On August 31, 2026, the European Commission designated ChatGPT as a Very Large Online Search Engine (VLOSE). In the same move, Reddit and Roblox were classified as Very Large Online Platforms (VLOPs) under the Digital Services Act. This classification is based on the three services’ own reports that they reach at least 45 million average monthly users in the EU. This means they exceed the threshold set forth in Article 33 of the DSA.
The first round of designations under the DSA took place some time ago. On April 25, 2023, the Commission had already designated 17 online platforms as VLOPs. At that time, only Google Search and Bing were classified as VLOSE. Since then, the list has grown to include additional names, such as the fashion retailer Shein in April 2024. The classification of Amazon as a VLOP was most recently upheld in court. The Court of Justice of the European Union dismissed the company’s lawsuit challenging its own designation.
What’s new about the current designation is that, for the first time, an AI chatbot—ChatGPT—falls into this category. Following the notification, the three providers have four months to comply with the additional requirements for VLOP and VLOSE. The Commission itself specifies the period up to January 2027 for this, without naming a specific date.
Why is ChatGPT considered a search engine?
Until now, only traditional search engines—such as Google Search and Bing—had been classified as VLOSE. The Commission justifies this by stating that ChatGPT is considered a hybrid service. The application responds to user input and also conducts searches on the internet. In the Commission’s view, ChatGPT therefore meets the criteria for an online search engine as defined by the DSA. This is true even though the product appears as a chat application rather than a traditional search box.
Reddit and Roblox, on the other hand, are treated as traditional platforms. Both services allow users to publicly create and share content and interact with one another. This is precisely what is decisive for their classification as VLOPs. In the case of Roblox, there is the additional factor that a significant portion of the user base is underage. This directly affects the risk categories for the protection of minors provided for in the DSA.
ChatGPT is subject to VLOSE obligations because the Commission considers its search function to be a defining feature. Reddit and Roblox are subject to VLOP obligations because both services are primarily used for the public distribution of user-generated content.
Unresolved Borderline Cases
It remains unclear how the Commission will handle other generative AI services in the future once they reach the user threshold. It is also unclear whether ChatGPT’s dual role as a hybrid service could trigger additional obligations. This would be conceivable if certain functions are more typical of a platform. A judicial ruling on these issues has yet to be issued, as has a response from the affected companies to the designation.
What Does This Mean Specifically for Companies?
For now, nothing will change regarding the ongoing use of ChatGPT, Reddit, or Roblox. The new obligations apply to the three providers themselves, not directly to their advertisers, developers, or contractual partners. Nevertheless, this classification will have practical implications for several groups.
Those who run ads on Reddit or Roblox will benefit in the future from more extensive transparency requirements imposed on the platforms. This includes, for example, labeling ads and disclosing why certain ads were served. Anyone developing applications based on the ChatGPT APIs should keep an eye on these developments. OpenAI could change its APIs or terms of service as part of the new risk assessment. Companies that operate their own artificial intelligence applications with search or interaction features will benefit from the Commission’s reasoning. For the first time, they now have a specific set of cases against which they can assess their own situation.
What obligations do providers have?
- Risk Assessment. ChatGPT, Reddit, and Roblox must assess the systemic risks posed by their services and algorithms. This includes illegal content and the protection of minors, as well as the physical and mental health of users. It also covers fundamental rights, electoral processes, and public safety. The assessment must be documented and updated regularly.
- Recommendation systems without profiling. Under Article 38 of the DSA, providers must offer at least one option for each recommendation system that does not rely on profiling. This allows users to choose to view content that is not based on their individual usage behavior.
- Data Access for Research. Under Article 40 of the DSA, certified researchers are granted access to relevant data. They use this data to examine systemic risks and the effectiveness of the countermeasures taken by providers.
- Annual independent audits. Under Article 37 of the DSA, providers must, at their own expense, have an independent audit of their compliance conducted at least once a year. The results are taken into account in the Commission’s oversight.
- Fines of up to 6 percent. In the event of violations, the Commission may impose fines pursuant to Article 74 of the DSA. The fines may amount to up to 6 percent of the provider’s total annual global revenue for the preceding fiscal year. The fine applies exclusively to the designated provider, not to its contractual partners.
Unresolved Interpretive Issues
It remains to be seen how the Commission will handle other AI chatbots that are approaching the user threshold. So far, ChatGPT is the only precedent.
It remains to be seen whether ChatGPT’s dual nature as a hybrid service could also trigger VLOP-specific obligations in the future.
The Commission has not yet announced the exact date on which the obligations will become binding for ChatGPT, Reddit, and Roblox.
Conclusion
For the first time, the Commission has classified an AI chatbot under the strictest regulatory regime of the Digital Services Act. In doing so, it explicitly treats ChatGPT as a hybrid service that falls between a search engine and a platform. Since the first designation round in 2023, Google Search and Bing have been the only VLOSE. This exclusive group is now expanding to include an AI product for the first time.
For ChatGPT, Reddit, and Roblox, the classification will require significant implementation efforts within a few months. For other companies, the decision remains a precedent for now. It offers insight into how the Commission might handle generative AI services that reach comparable user numbers in the future. However, a clear policy on this matter has yet to be established.
Anyone who operates digital services with a growing reach or develops AI applications with interactive or search functions should assess their own classification early on.
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