The Commission checks whether ChatGPT and Roblox should be designated as very large online services under the DSA.
Always see our news on Google
Both services have announced that they exceed the European threshold of 45 million users, and the Commission is analyzing the figures ahead of a possible designation. Such a decision would bring them additional obligations regarding the assessment of systemic risks, transparency, protection of minors, and oversight of how the platforms operate.
The European Commission is analyzing the figures regarding ChatGPT and Roblox users to determine whether the two services should be designated in the category of very large online platforms or search engines as provided by the Digital Services Act. The institution has confirmed that both companies have reported a number of users above the relevant European threshold, but it has not yet made a decision and has not indicated when it might complete the assessment.
In short 1.ChatGPT and Roblox have reported user figures exceeding the threshold of 45 million active monthly recipients in the European Union, equivalent to approximately 10% of the EU population.
2.The Commission is verifying the data to determine whether the services meet the conditions for designation in the most strictly regulated category under the Digital Services Act.
3.A designation does not automatically result from the announcement of exceeding the threshold. The Commission must examine the data, the nature of the service, and the legal category in which it falls.
4.Designed services must assess and mitigate systemic risks, including those related to illegal content, protection of minors, the functioning of recommendation systems, and effects on fundamental rights.
5.The Commission has not confirmed that it will designate ChatGPT or Roblox and has not announced the opening of an investigation for DSA violations. At this stage, the institution is considering the possibility of a future decision.
The Digital Services Act establishes different rules depending on the size and role of online services. All services that fall within its scope must comply with certain basic obligations, but platforms and search engines with a very large audience are subject to additional requirements.
The main threshold is 45 million active monthly recipients in the European Union. This represents approximately 10% of the EU population and is used to identify services that can widely influence access to information, content distribution, user behavior, and the functioning of digital markets.
The Commission was asked whether it intends to designate ChatGPT and Roblox after the two services reported figures that exceed this threshold. The spokesperson confirmed that the institution is aware of the data and is examining it for a possible designation.
"Both ChatGPT and Roblox have indeed reported a number of users exceeding the DSA threshold," said the Commission's spokesperson. He added that a designation is "certainly possible" and that the institution is analyzing the figures without anticipating the outcome.
Exceeding the threshold does not automatically result in designation. The company must publish information regarding the average monthly number of active recipients in the EU, and the Commission may request additional data to verify how the calculation was made.
The institution must also establish the legal nature of the service. The regulation distinguishes between online platforms, search engines, and other types of intermediary services. This classification determines whether designation is possible and what obligations would become applicable.
ChatGPT provides access to a generative artificial intelligence system through which users can produce texts, images, and other types of content and can interact with various functions and services. The analyzed communication does not specify in which exact category of the DSA the Commission considers ChatGPT might fit.
Roblox provides an online environment where users can access and create interactive experiences, communicate, and share content. The presence of a large number of users, including minors, may bring to the Commission's attention the risks related to safety, content recommendation, and interactions between users.
The document does not present the exact figures reported separately by the two services nor the method used to calculate the active users in the Union. The Commission has only confirmed that the reported numbers exceed the threshold set by the regulation.
In the case of a designation, the company receives a deadline to comply with additional obligations. These do not replace the general rules already applicable to the service but are added due to its size and potential impact.
One of the main obligations is the annual assessment of systemic risks. The company must examine how the design of the service, algorithms, recommendation functions, and user behavior can contribute to the spread of illegal content or other negative effects on a large scale.
The assessment may include risks to fundamental rights, privacy protection, freedom of expression, public safety, civil processes, and physical or mental well-being. For services used by children, the protection of minors must be analyzed separately and integrated into risk mitigation measures.
The company must subsequently adopt proportional measures to limit the identified risks. These may involve modifying recommendation systems, moderation rules, interfaces, age verification, or how certain features are presented to users.
Designation does not mean that the service is considered illegal or that it has already violated the regulation. It reflects the scale of the audience and the need for stricter oversight of risks that may affect millions of people.
Designated services must be subject to periodic independent audits. Auditors check whether the company complies with DSA obligations and whether the measures introduced to control risks work in practice.
Companies must provide the Commission and national coordinators with information that allows for the oversight of compliance with the regulation. Under certain conditions, verified researchers may gain access to relevant data to study systemic risks.
The regulation also imposes additional transparency requirements regarding advertising, recommendation systems, and moderation decisions. Users must receive clearer information about the reasons they see certain content and about the main criteria used by algorithms.
For a platform like Roblox, the assessment could look at the features through which users find experiences, communicate, or interact with content created by other members. In the case of ChatGPT, the analysis would depend on the features considered intermediary services and how they are offered to users.
Artificial intelligence systems are also regulated by the Artificial Intelligence Regulation, but the two frameworks have different objectives. The AI Regulation establishes rules for the development and use of artificial intelligence systems and models, while the DSA focuses on the responsibilities of online services and the risks created by their operation.
A service may be subject to both regulations when it offers artificial intelligence features and, at the same time, fulfills the role of a platform or another intermediary service. Obligations must be analyzed separately based on the specific activity.
The Commission has direct responsibility for overseeing platforms and search engines designated as very large. National authorities remain involved in enforcing the other components of the DSA and in cooperating with the European institution.
In the event of violations, the Commission may request information, conduct interviews and inspections, impose provisional measures, and adopt a non-compliance decision. Fines can reach up to 6% of the provider's annual global turnover.
These powers are not activated solely by exceeding the user threshold. First, the designation must be adopted, and the company must receive the stipulated deadline for applying the additional obligations.
The Commission has not said whether the verification of ChatGPT and Roblox is taking place on the same timeline or whether any designations would be adopted simultaneously. The assessment may lead to different outcomes for each service, depending on the data and legal classification.
The institution has not confirmed the existence of compliance issues in the case of the two companies. Analyzing user figures is a distinct procedure from opening an investigation for regulatory violations.
A possible designation would require each company to explain in more detail the risks posed by its own service. The obligations would not be identical in practical application, as ChatGPT and Roblox have different functions, users, and interaction models.
For Roblox, the protection of minors may take center stage, considering the use of the service by children and adolescents. For ChatGPT, the assessment could include how responses are generated and distributed, access to various tools, and the risks resulting from very large-scale use.
These examples do not represent conclusions already adopted by the Commission. The institution has not yet published an assessment of the risks of the two services and has not listed the specific obligations it would prioritize after a possible designation.
The Commission has not provided a timeline for the decision. The spokesperson said that the designation could take place "sooner or later," a phrasing that confirms the analysis without establishing a timeline.
Until a decision is made, ChatGPT and Roblox continue to be subject to the DSA obligations that are already applicable based on the services offered. The requirements reserved for very large platforms do not apply solely based on a public declaration regarding the number of users.
The Digital Services Act applies throughout the Union and establishes responsibilities for providers of intermediary services, online platforms, and search engines. The first very large platforms were designated by the Commission in April 2023, and the list was subsequently expanded as other services exceeded the threshold or were assessed.
The threshold of 45 million active recipients is reviewed in relation to the population of the Union. The designation aims to focus European oversight on services that, due to their size, can produce systemic effects on society, the economy, and user rights.
Latest News
17:36
17:31
17:21
17:20
17:18
See more news
NEWS ON THE SAME TOPICS
