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European Union

ChatGPT crosses EU DSA threshold; European Commission to designate systemic search engine, making it the first AI chatbot under the regime and raising AI Act and content‑moderation implications

Published on: 24 October 2025

Published by an LexisNexis EU Law expert
Legal News
Table of contents
  • Growing user base
  • Few weeks away
  • Broader implication
Article summary

OpenAI’s figures released on 21 October 2025 indicate that ChatGPT’s European user base has moved beyond the level that would see it classified as a regulated search engine ‘with systemic risks’ under the EU Digital Services Act (EU DSA)

The EU DSA imposes a stringent due-diligence framework on online platforms and search engines with more than 45 million users in the EU—10% of the EU’s population—on the grounds that they pose systemic risks to society

In April 2025, MLex reported that the European Commission, the lead regulator for systemic online services under the EU DSA, was considering designating ChatGPT as a search engine owing to its web-search functionality (see here)

Growing user base

The user base metric is calculated from the average number of monthly users across the preceding six months

In March, OpenAI announced 41.3 million monthly users since October 2024...

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