On Wednesday 22 October, artificial intelligence giant OpenAI published an updated version of the number of monthly users in the EU of the ‘search’ function of its artificial intelligence, ChatGPT.
The tool registers “an average of 120.4 million monthly active users in the European Union”, which puts it well above the threshold required by the Digital Services Act (DSA) to be considered a ‘very large online platform’ (VLOP) (45 million active users).
As the tool is not strictly speaking a research platform, its integration into VLOP remains hypothetical. The Commission states that it is “assessing” this new information and explains that large AI models such as ChatGPT could fall under the DSA “in the event that they are integrated into another service already designated by the Act”.
This could be the case with OpenAI’s new tool, ChatGPT Atlas, a web browser that automatically integrates ChatGPT’s AI, which was presented recently.
The inclusion of AI services in the scope of the DSA has already been raised on several occasions by the Commission, which is due to present a partial assessment of the regulation and its interaction with other legal texts by 17 November at the latest (see EUROPE 13717/4). (Original version in French by Isalia Stieffatre)