User Numbers Trigger EU Scrutiny: ChatGPT and Roblox Face Stricter Rules Under Digital Services Act

The European Union's regulatory net is widening to encompass leading platforms in artificial intelligence and gaming. An EU Commission spokesperson recently indicated that both OpenAI's ChatGPT and the metaverse platform Roblox have self-declared having more monthly active users in the EU than the key threshold set by the landmark Digital Services Act.

Path to "Very Large Online Platform" Status

Under the DSA, any online platform reaching over 45 million monthly active users in the EU becomes eligible for formal designation as a "Very Large Online Platform" by the European Commission. This classification unlocks the law's most stringent tier of obligations.

The spokesperson's comments left little room for doubt: "It is indeed possible to designate under the DSA, and it may happen sooner or later." This signals that regulatory assessment processes for these platforms are now firmly on the table.

The Heavyweight Compliance Burden Ahead

Attaining VLOP status is not merely symbolic; it imposes a concrete and demanding compliance framework. For a generative AI service like ChatGPT and a UGC-centric platform like Roblox, the new requirements are particularly consequential:

  • Systemic Risk Management: Mandatory annual independent audits to assess and mitigate systemic risks, such as disinformation, fundamental rights violations, and potential harms to minors.
  • Algorithmic Transparency: Lifting the veil on recommendation systems. Platforms must explain why content is suggested, offer users non-personalized feed options, and provide data access to vetted researchers.
  • Enhanced Content Moderation & Data Sharing: Implementing more robust and transparent content moderation processes, while sharing critical data with independent researchers to facilitate public oversight.
  • Ad Transparency & Child Protection: Stricter limits on targeted advertising, especially for minors, coupled with reinforced design features for privacy and safety.

Broader Implications: Setting a Global Benchmark

The EU's DSA is one of the world's most ambitious digital governance laws. The potential inclusion of ChatGPT and Roblox demonstrates its expanding reach beyond traditional social media and marketplaces into cutting-edge AI and virtual spaces.

For both companies, the coming months will involve intense engagement with EU regulators, significant internal restructuring, and substantial resource allocation to achieve compliance. This process will not only reshape their European operations but could also establish a precedent for other jurisdictions, ultimately influencing global standards for platform accountability.