The European Union plans to designate OpenAI's ChatGPT and Roblox as Very Large Online Platforms under the Digital Services Act, putting them under stricter regulatory oversight due to surpassing 45 million EU-based monthly users.

This designation targets platforms with 45 million EU monthly users, joining other VLOPs like Amazon Store, TikTok, Wikipedia, YouTube, Facebook, Instagram, LinkedIn, and Zalando.

Post-designation, ChatGPT and Roblox would face enhanced obligations, including risk assessments, independent audits, annual transparency reports, and forking governance with data sharing to regulators and researcher access.

The requirements aim to identify and mitigate systemic risks—ranging from illegal content and child rights to public security, elections, discrimination, gender-based violence, and user wellbeing—through possible redesigns and adjustments to recommendation systems.

The DSA emphasizes online safety, mandating stronger safeguards for children and greater transparency, especially in how platforms advertise to minors.

Overall, the coverage highlights potential, though not guaranteed, changes, centered on increased scrutiny, transparency, and design adjustments to address safety and rights concerns in the EU.

As VLOPs, the platforms would conduct risk assessments, undergo independent audits, publish annual transparency reports, and pay supervisory fees, with violations potentially carrying fines up to six percent of global annual revenue.

Under the DSA, platforms must curb illegal and harmful content, publish transparency reports, and remit annual fees to the European Commission, with penalties up to 6% of worldwide revenue for non-compliance.

If designated, ChatGPT and Roblox would have four months to meet enhanced obligations, including clearer terms, greater advertising and recommendation-system transparency, and reporting suspected criminal offences.

ChatGPT/OpenAI face safety controversies and lawsuits over alleged real-world harms, with growing regulatory scrutiny.

The companies would have to share certain data with the European Commission and provide approved researchers with access for oversight and analysis.

Recent regulatory actions include a 550 million euro fine against Alibaba’s e-commerce arm for inadequate assessment of unsafe or counterfeit goods, illustrating EU enforcement trends.