EU Commission Classifies ChatGPT as a Search Engine: A Brief Look at What This Means

The European Commission has recently designated OpenAI’s ChatGPT as a Very Large Online Search Engine (“VLOSE”), whilst Roblox and Reddit have been designated as Very Large Online Platforms (“VLOPs”), making all three subject to the Digital Services Act (“DSA”) . Having each exceeded an average of 45 million monthly users throughout the European Union (“EU”), the newly designated services now have four months (until January 2027) to comply with all additional requirements mandated by the DSA for both VLOSEs and VLOPs.

This is particularly noteworthy in the case of ChatGPT, which has now joined the two other VLOSEs, ‘Bing’ (operated by Microsoft Ireland Operations Limited) and ‘Google’ (operated by Google Ireland Ltd) – representing a significant development in the EU’s approach to regulating Artificial Intelligence (“AI”) systems.

Having never been intended to be primarily used as a search engine, ChatGPT is inherently designed to act as a generative AI chatbot, intended to generate responses based on patterns learned from training data. Unlike traditional search engines such as Google, ChatGPT does not maintain its own web index consisting of continuously updated content found on the web. Instead, where web-search functionality is enabled, it retrieves information from external online sources in response to user prompts.

As per the DSA’s definition, an online search engine refers to an intermediary service which allows users to input queries to perform searches and return results in any format . Therefore, irrespective of its original and primary purpose as a conversational AI tool, ChatGPT still falls within scope of the DSA’s definition for online search engines. The focus is on how a service actually operates in practice, rather than how it is marketed or how it was initially developed.

Reddit and Roblox have both been designated as VLOPs as they enable users to create and publicly share content, although they do so in markedly different ways. It is interesting to note that they have received the same designation notwithstanding that the two platforms have very different purposes and reach largely dissimilar audiences. Reddit acts similarly to early Internet ‘forums’ where users may discuss any topic they wish in dedicated ‘subreddits’ or channels, wherein content in the form of text, images, videos and audio can be shared. Roblox, on the other hand, is a gaming platform that allows users to create their own games which they may then share with other users for them to play.

As designated VLOPs and VLOSE, ChatGPT, Roblox, and Reddit must now conduct annual assessments of systematic risks arising from their operations and algorithmic systems, including risks related to the dissemination of illegal content and the protection of minors. Following such assessments and the fulfilment of reporting obligations owed to the EU Commission, appropriate mitigation measures must be adopted, including internal risk-management compliance functions. They will also be subject to independent yearly audits, and must allow vetted research aimed towards the detection, identification, and understanding of systematic risks in the EU.

All three designations reflect the idea that all services of such scale and societal impact must be subject to heightened scrutiny and accountability. ChatGPT can be seen as the first AI chatbot to become subject to some of the most stringent requirements found within the EU Digital rulebook, going beyond the EU AI Act which regulates AI systems in the EU. This serves as a reminder to businesses, including those established in Malta, that compliance does not depend on just one specific piece of legislation, but the broader digital framework and all the various regulations it contains must be considered as a whole.

1. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act)
2. Commission designates ChatGPT, Reddit, Roblox under DSA
3. Article 2(j), DSA