The European Commission announced on Friday that it is examining whether the ChatGPT platform from OpenAI qualifies as a large online platform under the Digital Services Act (DSA) rules, following its report of user figures exceeding the set threshold.
"According to Commission spokesman Thomas Regnier, OpenAI has reported that ChatGPT's user numbers exceed the 45 million DSA threshold for designation."
"Commission spokesman Thomas Regnier stated that OpenAI has reported ChatGPT user figures exceeding the 45 million DSA limit for classification."
"The services of the Commission are presently evaluating this information."
Regnier mentioned that Large Language Models might fall under the purview of the DSA, but this needed to be examined on a "case-by-case basis."
According to a report from the German newspaper Handelsblatt earlier on Friday, ChatGPT will be subject to the DSA, indicating it will encounter more stringent regulation.
OpenAI announced it had released the average count of monthly active users for ChatGPT search as per its existing commitments, noting that this pertains to users in the European Union during the last six months.
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Data provided by OpenAI indicates that ChatGPT had roughly 120.4 million average monthly active users in the EU during the six-month period ending in September 2025.
OpenAI is a research lab and artificial intelligence firm that seeks to advance AI and guide it in directions that “serve the interests of all humanity.”
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It was originally established as a non-profit entity because its founders were worried about the possible abuse and disasters that could arise from AI being employed "in the wild."
A group of investors combined $1 billion to provide research and resources that stay accessible to the public.
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OpenAI was established in 2015, concentrating on creating AI and machine learning technologies for diverse applications. Its initial product was an open-source toolkit for creating reinforcement learning algorithms (OpenAI Gym), which led it to concentrate on AI research for broader applications.