The European Commission is exploring the possibility of classifying ChatGPT as a "Very Large Online Platform" (VLOP) under the Digital Services Act, a status applied to services exceeding 45 million monthly users within the Union. OpenAI recently said that its service averaged approximately 120.4 million monthly users over a 6-month period in Europe, significantly surpassing this threshold.

Such a reclassification would lead to a major strengthening of obligations for OpenAI, particularly concerning transparency, content moderation, and the management of systemic risks. However, European authorities have specified that applying the DSA to generative artificial intelligence models requires a case-by-case assessment, given the specific nature of these technologies.

This deliberation is part of a broader effort to adapt the European regulatory framework to the rise of AI. Meanwhile, OpenAI claims to comply with current requirements while monitoring the progress of discussions, which could mark a new milestone in the oversight of industry players in Europe.