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OpenAI faces tighter EU rules under DSA review

OpenAI and its chatbot ChatGPT are set to be classed as very large online search engines under the EU’s Digital Services Act, Handelsblatt reported. The move would bring stricter rules in Europe.

OpenAI said it has published the average number of monthly active recipients for ChatGPT search in the EU over the past six months, in line with existing obligations.

A Commission spokesperson told Handelsblatt that the available user data was being reviewed, while Handelsblatt said OpenAI declined to comment.

🔗 Source: Reuters

🧠 Food for thought

Implications, context, and why it matters.

The numbers triggering the EU’s stricter rules

  • OpenAI said ChatGPT search averaged 120.4 million monthly users in the EU over the last six months. That is almost three times the 45 million threshold that triggers extra duties for “Very Large Online Platforms” and “Very Large Online Search Engines” under the Digital Services Act (DSA) 1.
  • The European Commission is considering whether ChatGPT fits the DSA category of a Very Large Online Search Engine (VLOSE) 1.
  • A VLOSE label would make ChatGPT the first AI chatbot under the DSA rules on systemic risk, audits, and transparency 1.

The regulation creates a new front in the AI business model war

  • Those requirements could squeeze OpenAI’s finances. OpenAI is projected to lose US$14 billion in 2026, and 5.5% of its 900 million weekly users pay for the service 2.
  • The DSA process may also sharpen the “zero-click” dispute. Chatbots can deliver summaries instead of sending readers to publishers’ sites. A Verfassungsblog analysis from a legal commentary site cites TollBit, a content licensing and analytics company. It references the News Media Alliance, a US trade group for news publishers, and says chatbot click-through rates are 95.7% lower than traditional search 3.
  • Using existing internet rules for generative AI could influence regulators elsewhere. DSA compliance may slow new ChatGPT feature launches in Europe if OpenAI does not prepare early 1.

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