Privacy Daily is a service of Warren Communications News.

EC Hints ChatGPT Could be Subject to Digital Services Act

The European Commission is assessing whether ChatGPT qualifies as a Very Large Online Platform (VLOP) under the Digital Services Act (DSA), a spokesman said Wednesday during a briefing. That could have implications for the company's use of targeted advertising.

Sign up for a free preview to unlock the rest of this article

Privacy Daily provides accurate coverage of newsworthy developments in data protection legislation, regulation, litigation, and enforcement for privacy professionals responsible for ensuring effective organizational data privacy compliance.

On Tuesday, ChatGPT owner OpenAI published information on its DSA compliance, noting that for the six-month period ending Sept. 30, ChatGPT search had around 120 million average monthly active users in the EU.

The DSA governs intermediary service providers such as social media, online marketplaces, online platforms with at least 45 million active monthly users in the EU and very large search engines (see 2311100001). Among other obligations, the law bars VLOPs from using targeted advertising based on the use of minors' personal data (see 2210040001).