ChatGPT is not included in the EU Digital Law, and current regulations fail to manage the risks associated with its use.

Although the European Union has adopted a robust digital law, ChatGPT is not included in it, as it was developed before the emergence of the chatbot. According to OpenAI, over 120 million Europeans use ChatGPT monthly, but regulatory authorities have failed to impose safety measures under the Digital Services Act (DSA), which will come into effect in 2024.

Decisions regarding the regulation of ChatGPT will not be made until 2026, raising questions about the European Commission's ability to control the risks posed by large language models. Additionally, OpenAI has acknowledged that in some cases, the chatbot does not behave as expected in sensitive situations. However, ChatGPT users exceed the threshold of 45 million necessary to be classified as a large platform, which could attract significant fines.