The European Commission is analyzing whether OpenAI's ChatGPT platform falls under the Digital Services Act (DSA). The move follows OpenAI reporting user numbers exceeding the 45 million threshold required for designation as a large online platform.
Commission spokesperson Thomas Regnier stated, "OpenAI has published user numbers for ChatGPT above the 45 million DSA threshold for designation." He added that the Commission services are "currently assessing this information."
Large Language Models could be subject to DSA rules, but this will be evaluated on a case-by-case basis. OpenAI confirmed it reported average monthly active users in the EU for ChatGPT search, reaching approximately 120.4 million over a six-month period ending September 2025.