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[2601.17064] Between Search and Platform: ChatGPT Under the DSA
Summary
This article analyzes the classification of ChatGPT under the Digital Services Act (DSA), proposing it as a hybrid of search engine and platform, and highlighting its implications for regulatory obligations.
Why It Matters
As ChatGPT reaches significant user thresholds in the EU, understanding its classification under the DSA is crucial for addressing systemic risks related to illegal content and user rights. This analysis informs policymakers and stakeholders about necessary regulatory frameworks for AI technologies.
Key Takeaways
- ChatGPT should be classified as a hybrid service under the DSA.
- The article resolves ambiguities in the legal framework regarding search engines.
- ChatGPT poses systemic risks similar to existing Very Large Online Search Engines and Platforms.
- Regulatory obligations increase significantly with user thresholds.
- The analysis provides a framework for assessing AI technologies under current laws.
Computer Science > Computers and Society arXiv:2601.17064 (cs) [Submitted on 22 Jan 2026 (v1), last revised 24 Feb 2026 (this version, v2)] Title:Between Search and Platform: ChatGPT Under the DSA Authors:Toni Lorente, Kathrin Gardhouse View a PDF of the paper titled Between Search and Platform: ChatGPT Under the DSA, by Toni Lorente and 1 other authors View PDF Abstract:This article examines the applicability of the Digital Services Act (DSA) to ChatGPT, arguing that it should be classified as a hybrid of the two types of hosting services: online search engines and platforms. This requires classifying search engines as hosting services, which we show is appropriate under the DSA, thereby resolving an ambiguity in the legal framework. ChatGPT performs core search functions and stores user-provided inputs and custom GPTs, meeting the definition of hosting service. We compare ChatGPT's systemic risks with those of existing Very Large Online Search Engines (VLOSEs) and Platforms (VLOPs), showing that it raises similarly serious concerns regarding illegal content, fundamental rights, democratic integrity, and public health. Now that ChatGPT has reached the 45 million EU user threshold, it should be subject to the most onerous DSA obligations, requiring the assessment and mitigation of risk emanating from both its online search engine- and platform-like characteristics. Comments: Subjects: Computers and Society (cs.CY); Artificial Intelligence (cs.AI) Cite as: arXiv:2601.17064 ...
