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European Commission Reviews Whether ChatGPT Falls Under EU Digital Services Act Rules

By  |  April 12, 2026

The European Commission said on Friday it is examining whether OpenAI’s ChatGPT should be classified as a large online search engine under the European Union’s Digital Services Act (DSA), following the company’s disclosure of user figures that exceed the regulatory threshold.

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    According to Reuters, the assessment comes after OpenAI reported that ChatGPT has surpassed the benchmark of 45 million monthly active users in the European Union, a key criterion for stricter oversight under the DSA. Commission spokesman Thomas Regnier confirmed the review, stating, “OpenAI has published user numbers for ChatGPT above the 45 million DSA threshold for designation.” He added, “The Commission services are currently assessing this information.”

    Per Reuters, Regnier noted that large language models such as ChatGPT could potentially fall within the scope of the DSA, though he emphasized that any determination would require careful evaluation. He said such technologies must be reviewed on a “case-by-case basis,” signaling that no automatic classification applies.

    The scrutiny follows a report by German newspaper Handelsblatt earlier on Friday, which suggested that ChatGPT would likely be categorized under the DSA framework. Such a designation would subject the platform to stricter regulatory requirements, including enhanced transparency and risk management obligations.

    Related: Florida Attorney General Launches Investigation Into OpenAI and ChatGPT

    OpenAI, for its part, said it had disclosed the average number of monthly active recipients for its ChatGPT search feature in accordance with existing rules. The company clarified that the figures reflect usage within the European Union over the previous six months.

    According to Reuters, OpenAI’s data indicates that ChatGPT search recorded approximately 120.4 million average monthly active users in the EU during the six-month period ending in September 2025. This figure significantly exceeds the threshold that could trigger designation as a large online platform or search engine under the DSA.

    Source: Reuters