Digital Services Act
ChatGPT nears EU regulatory heavyweight status
Bloomberg reported on July 29 that the European Commission is preparing to designate ChatGPT's search function as a "Very Large Online Search Engine" (VLOSE) under the EU's Digital Services Act (DSA) — the bloc's strictest platform-oversight tier — with confirmation possible as soon as August. Roblox is separately expected to be designated a "Very Large Online Platform" (VLOP) in the same announcement.
The end of "special treatment"
The EU is starting to oversee AI assistants on the same footing as search and social giants
Bloomberg reported on July 29, 2026, and updated the story on July 30, that the European Commission is in the final stages of deciding to designate ChatGPT's search function as a "Very Large Online Search Engine" (VLOSE) under the DSA. Per Bloomberg's report, an official decision could come as soon as August — but as of July 31, 2026, the European Commission has not yet made a formal announcement, so this remains an anticipated outcome, not a done deal.
This is not an isolated move. After Meta blocked rival AI assistants — ChatGPT, Copilot, Perplexity — from WhatsApp starting January 15, 2026, the EU issued an interim order on June 9 forcing Meta to reopen the door. The Decoder reported that ChatGPT subsequently returned to WhatsApp in the EU on July 13. Barely six weeks later, a designation under the DSA's strictest tier is now being reported — a pattern that shows the EU folding AI assistants into its existing Big Tech oversight framework rather than treating them as a new, separate category.
"45M" is not ChatGPT's user count
Conflating the legal threshold with the actual figure badly understates the scale
It's an easy mix-up: "45M" is not ChatGPT's user count — it's the legal threshold (45 million average monthly EU users) that triggers VLOP/VLOSE designation under the DSA. ChatGPT's actual EU user base is far higher: OpenAI's own disclosure (a six-month average through September 2025) put it at over 120 million, and heise online's reporting of Bloomberg's more recent figures puts the search function alone at roughly 159 million — more than 3x the designation threshold.
ChatGPT gets VLOSE, Roblox gets VLOP
Same "strictest tier" — but the formal designation names differ
Another detail often missed in this story is the distinction between categories. Per Bloomberg's reporting, ChatGPT's search function is expected to be designated a "Very Large Online Search Engine" (VLOSE), while Roblox — reported to have roughly 48 million monthly EU users, much closer to the 45M line — is expected to be designated a "Very Large Online Platform" (VLOP). The two are formally distinct DSA categories, but the obligations they trigger are roughly equivalent — it's most accurate to describe them together as the DSA's strictest oversight tiers (VLOP/VLOSE), rather than simply calling ChatGPT a "VLOP."
| ChatGPT (search function) | Roblox |
|---|---|
| Expected category: VLOSE (Very Large Online Search Engine) | Expected category: VLOP (Very Large Online Platform) |
| Reported EU monthly users: ~159 million | Reported EU monthly users: ~48 million |
| Relative to 45M threshold: far above it | Relative to 45M threshold: close to the line |
| Expected timing: as soon as August 2026 | Expected timing: as soon as August 2026 (likely same announcement) |
Who this hits, and how
Everyday users will barely notice. The impact lands on operators
Teams running EU operations
Once formally designated, a 4-month compliance clock starts for systemic risk assessments, independent audits, and transparency reporting. Budgeting for the compliance overhead is worth starting now.
General users
This is primarily a backend supervisory obligation, so day-to-day ChatGPT usage shouldn't change much in the near term. Think of it as more accountability and auditing for the operator, not a feature change.
Regulatory watchers
The sequence from the WhatsApp interoperability order in June to this designation expected in August is worth tracking as a signal the EU is folding AI assistants into ongoing systemic oversight.
What happens next
Watch for the official August designation
The Commission's formal announcement is reported as possible "as soon as August," but neither the timing nor the exact scope is confirmed yet. Until an official release lands, this remains anticipated.
Track the 4-month compliance clock once it lands
Once formally designated, a 4-month window opens for systemic risk assessments, independent audits, and transparency reporting. Plan a schedule anchored to the designation date.
EU businesses relying on ChatGPT should start preparing now
Naming a regulatory point of contact, reviewing terms and conditions, and budgeting for the annual supervisory fee are items best started before the designation is confirmed, not after.
Not yet a decision.
Just a step toward a planned future.
This is not "official" yet
As of now, this is investigative reporting by Bloomberg, not an announcement from the European Commission. The timing could slip, or the scope could change from what's currently reported. There's also a less-discussed tradeoff: the compliance costs that come with VLOP/VLOSE status could indirectly slow the pace of feature rollouts and product priorities specifically within the EU. Resources spent on audits and transparency reporting are resources not spent elsewhere — the balance between regulatory effectiveness and the pace of AI assistant development is worth watching going forward.