The Very Large Online Search Engine designation: how the EU's Digital Services Act came to classify ChatGPT

On 31 August 2026 the European Commission designated ChatGPT a 'Very Large Online Search Engine' under the EU's Digital Services Act — the first time a conversational AI system has been formally classified as a search engine, triggering the DSA's strictest tier of risk-assessment and audit obligations.

Created 2026-08-31 Last reviewed 2026-08-31

What it is

A Very Large Online Search Engine (VLOSE) is a legal category created by the European Union’s Digital Services Act (DSA), the EU’s core law for regulating online platforms. Under Article 33 of the DSA, any online search engine that reaches 45 million or more average monthly active users in the EU — roughly 10% of the bloc’s population — can be formally designated a VLOSE by the European Commission. The same threshold, applied to platforms rather than search engines, creates the parallel category of Very Large Online Platform (VLOP), which already covers services such as Facebook, Instagram, YouTube, and TikTok.

On 31 August 2026, the Commission designated OpenAI’s ChatGPT a VLOSE — the first time a conversational AI chatbot has received this classification. In the same announcement, the Commission designated Reddit and Roblox as VLOPs. The Commission justified treating ChatGPT as a search engine by describing it as a “hybrid service”: because it can engage with and respond to user prompts and queries, including by searching the web for current information, it falls within the DSA’s functional definition of an online search engine even though it does not present users with a conventional list of ranked links. OpenAI had reported that ChatGPT’s search functionality reached approximately 159.1 million average monthly active recipients in the EU over the six months ending 31 March 2026 — more than three times the designation threshold.

Why it matters for AI governance and narratives

The VLOSE designation is significant less for what it changes technically than for what it signals about how regulators are choosing to fit generative AI into pre-existing legal frameworks rather than waiting for AI-specific rules (such as the EU AI Act) to fully apply. By classifying ChatGPT as a search engine, Brussels is asserting that a law written with Google in mind can be stretched to cover a fundamentally different kind of interface — one that synthesizes and converses rather than ranks and links. This is a live contest in EU digital policy: commentary from legal scholars (see Verfassungsblog, below) has argued that treating chatbots as search engines is a reasonable and even necessary reading of the DSA’s functional, technology-neutral definitions, given that conversational AI increasingly performs the same discovery function search engines once monopolized.

For the observatory’s purposes, the designation is a useful marker of how regulatory institutions frame AI systems in relation to older technologies, and of the leverage that framing creates. Once a service is designated a VLOSE, it inherits a specific accountability regime — systemic risk assessment, independent audits, and vetted-researcher data access — that was designed for search and social platforms, not for generative dialogue systems. Whether that regime meaningfully governs an AI chatbot’s actual risks (hallucination, manipulation, dependency effects) or merely repurposes an ill-fitting toolkit is an open question the DSA’s implementation will test over the coming compliance cycle.

Key facts and dates

Where to learn more

Sources

Official European Commission press release announcing the designation — the primary source.
Text of the statutory provision (Article 33, DSA) establishing the 45-million-user VLOP/VLOSE threshold and obligations.
Academic legal commentary explaining the reasoning for classifying conversational AI as a search engine under the DSA's functional definitions.
Independent news coverage corroborating the designation, dates, and user figures reported by OpenAI.
EU External Action Service mirror providing background on the earlier (2023) VLOP/VLOSE designation round for context.
Referenced in: Editorial No. 295, Editorial No. 292