TL;DR: The EU may designate ChatGPT as a Very Large Online Search Engine and Roblox as a Very Large Online Platform under the DSA as soon as August, triggering four-month compliance with transparency, content moderation, child safety, risk mitigation, audits, data access and opt-out rules, or face fines up to 6% of global revenue.
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The European Commission is considering placing ChatGPT and Roblox under the Digital Services Act’s strictest regulatory tier, according to a Bloomberg report, with the designation potentially arriving as early as August.
ChatGPT’s search function would be classed as a Very Large Online Search Engine. At the same time, Roblox would become a Very Large Online Platform, joining a list that already includes Facebook, YouTube, TikTok, X, WhatsApp, and Amazon.
The DSA applies its heaviest obligations to services with more than 45 million monthly users in the EU. Commission spokesperson Thomas Regnier told Reuters the designation was “definitely possible” and could “come sooner or later.” OpenAI said it continues to engage positively with Brussels, while Roblox did not comment.
Once formally designated, both companies have four months to comply with a significant set of requirements. These include transparent terms and conditions, clear disclosures around advertising and recommendation systems, content moderation transparency, and a requirement to report suspected criminal offenses.
Platforms must also identify and mitigate systemic risks involving illegal content, child safety, elections, discrimination, gender-based violence, and users’ mental and physical wellbeing. Other requirements include annual independent audits, internal compliance teams, data sharing with regulators, access for vetted researchers, and the ability for users to opt out of personalized recommendations. Fines for non-compliance can reach up to 6% of a company‘s global annual revenue.
Roblox has already faced lawsuits from Texas, Louisiana, and Los Angeles County over alleged child safety failures, with critics arguing that its safeguards have not kept pace with the platform’s growth. The company has responded with selfie-based age verification, age-separated chat, and an AI system designed to detect signs of child exploitation, but the legal pressure has continued.
If ChatGPT is designated as a Very Large Online Search Engine under the DSA, what specific transparency and audit obligations will OpenAI have to meet within four months?
How could the DSA’s requirement to identify and mitigate systemic risks affect Roblox’s handling of suspected criminal offenses and child exploitation reports?
What enforcement mechanisms and penalties apply if ChatGPT or Roblox fail to comply with the DSA’s obligations within the four-month compliance window?
Which existing Roblox safety features (age verification, age-separated chat, AI detection) are mentioned in the article, and would the DSA require additional measures beyond these?
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For ChatGPT, the designation would make OpenAI’s chatbot the first generative AI product brought into the DSA’s top tier. OpenAI is already facing wrongful death lawsuits from individuals who allege the chatbot lacked adequate safeguards for users in crisis.
