The European Commission is considering adding ChatGPT and Roblox to the list of very large online platforms (VLOPs) under the Digital Services Act. Both services have reported user numbers above the DSA's 45 million monthly active user threshold, making designation "definitely possible," according to Commission spokesperson Thomas Regnier.
Regnier stated the designation could "come sooner or later," though he did not provide a specific timeline. Once designated, both platforms would face a set of obligations that currently apply to services like Google, Meta, and TikTok.
What DSA designation means for platforms
EU Says ChatGPT and Roblox Could Face DSA Designation After Reporting High User Numbers!
VLOPs under the DSA must conduct annual risk assessments for systemic risks, including disinformation, election manipulation, and harms to minors. They must submit to independent audits, share data with researchers, and implement crisis response protocols. The Commission can fine violators up to 6% of global annual turnover.
For ChatGPT, this raises questions about how an AI chatbot fits into a framework designed primarily for social media and search engines. OpenAI would likely need to document how its model handles misinformation, illegal content, and manipulation risks. For Roblox, the focus would probably center on child safety, given its user base skews young.
Why these two platforms, why now
ChatGPT's user growth has been public knowledge since 2023, but the Commission appears to be catching up with the regulatory implications. OpenAI reported over 100 million weekly active users globally as of late 2023. The EU portion alone would comfortably exceed the threshold.
Roblox disclosed 77.7 million daily active users globally in its most recent earnings. While the company does not break out EU figures separately, even a fraction of that base would clear 45 million monthly users.
The Commission has been methodical about DSA enforcement. It designated the first batch of VLOPs in April 2023 and has added platforms incrementally since. Pornhub, Stripchat, and XVideos were designated in late 2023 after initially being overlooked.
Compliance burden for AI services
The DSA was written before generative AI became mainstream. Applying it to ChatGPT creates ambiguity. Is a chatbot response "content" in the same way a social media post is? How do you audit a model that generates unique outputs for each prompt?
OpenAI already faces the EU AI Act, which imposes separate requirements on general-purpose AI models. A VLOP designation would layer DSA obligations on top. The company would need to staff compliance teams in Europe and maintain ongoing dialogue with regulators in Brussels.
Logicity's Take
The DSA was built for platforms that host user content, not generate it. Applying it to ChatGPT forces regulators to answer hard questions: who is responsible for AI-generated misinformation? The user who prompts it, or the model that produces it? Expect OpenAI to argue the fit is awkward. Expect the Commission to proceed anyway.
What happens next
Regnier's comments signal intent, not a final decision. The Commission typically requests user data from platforms before formal designation. Both OpenAI and Roblox will likely engage in discussions with regulators over the coming months.
If designated, platforms have four months to comply with VLOP obligations. For companies already operating in the EU, the infrastructure for compliance largely exists. The question is whether the rules make sense for services that do not fit the original VLOP mold.
Relevant for readers tracking compliance automation across regulatory regimes
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Source: Tech-Economic Times / ET
Manaal Khan
Tech & Innovation Writer
Produced with AI assistance and reviewed by the Logicity editorial team. Learn more in our Editorial Policy.
