ChatGPT Designated Under the Digital Services Act (DSA)
ChatGPT, Reddit, and Roblox now fall under the DSA’s strictest category. As the first AI chatbot designated, ChatGPT has until the end of November to comply with the regulations.
European Commission’s Classification
The European Commission classified ChatGPT as a search engine under the Digital Services Act, alongside Reddit and Roblox as very large online platforms. This classification is based on these platforms’ massive user bases: ChatGPT boasts 159 million monthly active users, while Reddit has 57.2 million, and Roblox approximately 48 million.
The Unconventional Search Engine Label
The unusual aspect of this decision is treating ChatGPT as a search engine, a category that includes services organizing and directing users to web information. Unlike traditional search engines that retrieve and rank web pages, ChatGPT generates answers, raising questions about its answer production methods, potential risks, and risk assessment.
Compliance Requirements
The designation doesn’t introduce new rules but rather subjects these companies to:
- Annual systemic risk assessments covering illegal content, minor protection, mental wellbeing, fundamental rights, electoral processes, and public security.
- Independent audits and data access for regulators and vetted researchers.
Henna Virkkunen, the Commission’s executive vice-president for tech sovereignty, security, and democracy, stated that these designations hold ChatGPT, Reddit, and Roblox to a higher standard of scrutiny and accountability. The DSA allows fines of up to 6% of a company’s global annual turnover for serious violations.
Specific Compliance Challenges
For Roblox, the focus is on mitigating risks to minors’ safety and wellbeing, with independent auditing required for these measures. OpenAI faces unique challenges, including addressing systemic risks around electoral processes and public security.