OpenAI’s ChatGPT and the gaming platform Roblox are on the verge of being brought under the European Union’s most stringent regulatory framework. Both services have surpassed the critical threshold of 45 million monthly active users, a milestone that triggers the highest level of oversight under the Digital Services Act (DSA).
Exceeding Thresholds and New Designations
The European Commission is reportedly moving to designate ChatGPT Search as a "Very Large Online Search Engine" (VLOSE) and Roblox as a "Very Large Online Platform" (VLOP). OpenAI reported that ChatGPT Search averaged approximately 159.1 million monthly active recipients in the EU during the six-month period ending March 31, 2026, significantly exceeding the threshold of 10% of the EU population.
Official decisions could be announced as early as August, placing these platforms in the same regulatory tier as tech giants like Google, Meta, and TikTok.
Strict Obligations and Child Safety
Designation as a VLOSE or VLOP introduces heavy responsibilities. Companies will be mandated to:
- Conduct regular assessments of systemic risks.
- Implement measures to mitigate illegal content and misinformation.
- Provide transparency regarding algorithms and recommendation systems.
- Undergo independent audits and pay an annual supervisory fee to the EU.
Roblox, in particular, faces intense scrutiny due to its popularity among children. The platform must comply with DSA bans on targeted advertising to minors based on profiling and further strengthen mechanisms protecting young users from inappropriate content and interactions.
Financial Consequences
The stakes for compliance are high. Under the DSA, systematic violations can lead to fines reaching up to 6% of a company’s total annual global turnover. While OpenAI has stated it is cooperating constructively with the Commission, the move marks a significant expansion of Brussels' oversight from social media to generative AI and immersive gaming environments.
