The US software company OpenAI may soon fall under the EU’s Digital Services Act (DSA), which would subject the company to increased regulation. According to the “Handelsblatt”, citing sources within the Commission, the EU expects to classify the company as a very large online search engine in the coming days.
The DSA applies rules to both extra-large online platforms and search engines, with the latter category facing additional requirements. An entity is deemed a very large platform or search engine if it exceeds 45 million monthly active users within the EU.
OpenAI significantly surpasses this threshold. The company reported that its ChatGPT search function recorded an average of approximately 120.4 million monthly active users in the EU over the six-month period ending at the end of September 2025. This figure specifically pertains only to users who actively used the search function, not total ChatGPT usage.
OpenAI declined to comment on the matter when approached for a statement. However, a spokesperson for the EU Commission told the “Handelsblatt” that the user data in question is currently under review.