"Very Large Online Search Engine": The DSA Category Now Covering ChatGPT

A legal designation under the EU's Digital Services Act for search services with 45+ million monthly EU users, triggering the heaviest tier of platform-accountability obligations — a category the European Commission applied to ChatGPT in August 2026.

Created 2026-09-04 Last reviewed 2026-09-04

What it is

“Very large online search engine” (VLOSE) is a legal category created by the European Union’s Digital Services Act (DSA), the bloc’s main platform-accountability law. It is not a marketing term or a technical description — it is a regulatory tier. Under the DSA, any search engine that reaches at least 45 million average monthly active users in the EU can be formally “designated” by the European Commission as a VLOSE, which triggers a distinct and more demanding set of legal obligations than apply to smaller services.

The Commission made its first VLOSE designations in April 2023, naming Google Search and Bing alongside 17 “Very Large Online Platforms” (VLOPs) such as Facebook and TikTok. In August 2026, the Commission added a third VLOSE: OpenAI’s ChatGPT. The Commission’s reasoning was that OpenAI had turned ChatGPT into what it called a “hybrid service” — a conversational assistant that can also autonomously fetch and cite live web results, rather than requiring a user to manually invoke a separate search mode. On that basis, the Commission classified ChatGPT as a search engine for regulatory purposes, and found its EU user base — reported at roughly 159 million average monthly users — far exceeded the 45-million threshold. Roblox and Reddit were designated as VLOPs in the same round.

The VLOSE/VLOP designation is deliberately about scale and reach, not about a service’s underlying technology. A search engine or platform does not choose this status; the Commission assigns it based on user numbers the company itself must report, and the designated service then has a fixed compliance window — typically four months — to meet the additional requirements.

Why it matters for AI governance and narratives

The ChatGPT designation is one of the first concrete instances of an EU digital-regulation regime originally built for social media and web search being extended to a general-purpose AI system. That extension is itself a contested framing question: is a conversational AI assistant that can browse the web meaningfully the same kind of thing as Google Search, subject to the same disclosure, audit, and researcher-access rules? The Commission’s answer — yes, on the facts of how ChatGPT now operates — sets a precedent that could pull other AI assistants with web-retrieval features into the same regulatory category as they cross the user threshold.

For the observatory’s purposes, the designation is also a useful test of a recurring narrative dynamic: which actors treat implementation of systemic-risk obligations as the substantive story, versus which treat the designation itself as the story. Coverage from specialist outlets has emphasized that the designation is easy to announce and hard to operationalize — for instance, how a DSA requirement for non-profiling recommendation options (Article 38) applies to a system that synthesizes conversational answers rather than ranking a list of links, or how the DSA’s ad-transparency rules interact with OpenAI’s newly introduced advertising in ChatGPT. Notably, OpenAI did not contest the search-engine characterization, which is itself an editorially relevant data point: it suggests the company chose not to fight the label, at least publicly, rather than that the classification is uncontroversial on the merits.

Key facts and dates

As of this writing, reporting indicates the systemic-risk obligations applicable to ChatGPT’s designation have not yet been tested in practice, and no public account has surfaced of OpenAI or the wider AI industry contesting the classification itself — a silence that specialist coverage treats as notable given the stakes of the precedent.

Where to learn more

Sources

Official, continuously updated primary registry naming ChatGPT, Google Search, and Bing as VLOSEs with their reported EU user figures
Primary European Commission announcement establishing the 45-million-user threshold and the original April 2023 designation list
The specialist policy outlet cited directly in the editorial passage being explained; details the specific compliance challenges and notes OpenAI did not contest the classification
Independent European news outlet corroborating the designation, date, and user-count basis
Referenced in: Editorial No. 300