When OpenAI integrated search functions directly into ChatGPT, the boundary between an AI assistant and a traditional search engine became blurred. Now the European Commission intends to formalise this boundary. Commission spokesperson Thomas Regnier confirmed that Brussels is analysing whether OpenAI’s flagship product should be classified as a Very Large Internet Search Engine (VLOSE) under the Digital Services Act (DSA).
The decision comes after OpenAI disclosed operational data that puts the company in a difficult negotiating position. Under EU rules, the threshold for enhanced surveillance is 45 million users per month in the EU. Meanwhile, ChatGPT Search recorded an average of 120.4 million active users in the six months ending September 2025. This is almost three times the limit, which imposes strict obligations on tech giants in terms of algorithmic transparency and systemic risk management.
For OpenAI, the eventual reclassification marks the end of an era of freedom to shape search results. As a VLOSE, Sam Altman’s company would have to share its data with researchers, conduct annual external audits and proactively counter misinformation on pain of penalties of up to 6% of global turnover. Although the Commission declares that it considers each case of large language models on a case-by-case basis, the precedent set by ChatGPT could define the future of the entire generative AI sector in Europe.
The move forces OpenAI investors and partners to re-evaluate operating costs in the European market. Rather than focusing solely on product innovation, the AI market leader now has to expand its powerful compliance apparatus to meet the demands that have so far mainly concerned Google or Bing. Europe is once again showing that there is a high price to pay for access to its gigantic internal market in the form of strict supervision.
