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OpenAI faces tighter regulation under EU's Digital Service Act, Handelsblatt says

Published by Global Banking & Finance Review

Posted on April 10, 2026

2 min read

· Last updated: April 11, 2026

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OpenAI faces tighter regulation under EU's Digital Service Act, Handelsblatt says
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April 10 (Reuters) - OpenAI and its chatbot ChatGPT is set to be classified as a very large search engine and fall under the European Union's Digital Services Act (DSA), meaning it faces tighter

EU weighing tighter regulation for OpenAI under Digital Services Act

European Commission Evaluates ChatGPT User Numbers and DSA Implications

(Corrects to search engine instead of platform in paragraph 1)

Commission's Assessment of ChatGPT

April 10 (Reuters) - The European Commission on Friday said it was analysing whether OpenAI's ChatGPT should be considered a large online search engine under the rules of the Digital Services Act (DSA), after it reported user numbers above the threshold.

"OpenAI has published user numbers for ChatGPT above the 45 million DSA threshold for designation," Commission spokesman Thomas Regnier said.

"The Commission services are currently assessing this information."

Potential Inclusion of Large Language Models

Regnier said Large Language Models could potentially be in the scope of the DSA, but that this had to be analysed on a "case-by-case basis."

Media Reports and Regulatory Impact

German newspaper Handelsblatt reported earlier on Friday that ChatGPT would fall under the DSA, meaning it would face tighter regulation. 

OpenAI's Response and User Data

OpenAI said it had published the average number of monthly active recipients for ChatGPT search in line with existing obligations, adding this referred to users in the European Union over the past six months.

According to data supplied by OpenAI, ChatGPT search had approximately 120.4 million average monthly active users in the EU over the six-month period to end-September 2025.

Article Credits

(Writing by Matthias Williams and Bart Meijer, Editing by Linda Pasquini, Kirsten Donovan)

Key Takeaways

  • Under the DSA, being labeled a Very Large Online Search Engine (VLOSE) means ChatGPT must comply with stringent transparency, risk‑management, and oversight rules applied within four months of designation (dsa-library.com).
  • The 45 million‑user threshold equates to roughly 10% of the EU population; OpenAI must publish its user numbers biannually, and designation activates enhanced compliance responsibilities (dsa-library.com).
  • This move reflects growing EU scrutiny over generative AI tools, aligning DSA enforcement with broader regulatory trends including the incoming AI Act, which also targets systems like ChatGPT as high‑risk under separate frameworks (apnews.com)

References

Frequently Asked Questions

Why is OpenAI facing tighter regulation in the EU?
OpenAI is set to be classified under the EU's Digital Services Act, which imposes stricter regulations on large online platforms.
What does the Digital Services Act mean for OpenAI?
The Digital Services Act would require OpenAI to comply with enhanced restrictions and guidelines for large search engines operating in the EU.
Did OpenAI comment on the potential regulation?
OpenAI declined to comment when contacted by Handelsblatt about its potential classification under the DSA.
Is the EU Commission reviewing OpenAI's user data?
Yes, a spokesperson for the EU Commission stated that user data for OpenAI is currently being reviewed.

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