ChatGPT and Roblox: Brussels Classifies Them as High Risk

ChatGPT and Roblox Under Brussels' Radar

ChatGPT and Roblox could soon be classified as high-risk platforms by the European Commission. This decision would be based on the fact that each of these platforms has surpassed the threshold of 45 million users in Europe. Although this information has not yet been officially confirmed by the Commission, it could lead to significant regulatory obligations for both companies.

The European Digital Services Act, in effect since 2023, categorizes platforms into two groups. The first includes the majority of online services, subject to relatively light obligations. The second, more restrictive category pertains to platforms exceeding 45 million monthly users within the European Union, which represents about 10% of the population. These platforms must then assess their systemic risks, undergo an annual audit by an independent third party, and allow researchers access to their data. According to Bloomberg, citing anonymous sources, the Commission could include ChatGPT and Roblox in this category as early as next month.

Numbers That Speak for Themselves

The data motivating this decision comes directly from the companies involved. OpenAI, the company behind ChatGPT, reported an average of 120.4 million monthly users in Europe for its search feature. This figure could lead to ChatGPT being classified both as a search engine and as a platform. Meanwhile, Roblox reported approximately 48 million monthly users in Europe over a six-month period ending February 13. These numbers far exceed the required threshold, leaving little room for the Commission to decide otherwise.

The requirements for these platforms include publishing regular transparency reports, implementing plans to mitigate systemic risks, conducting an independent annual audit, and providing researchers access to publicly available data. Additionally, targeted advertising on minors' profiles is prohibited. A surveillance fee, calculated based on the number of users, is also imposed, with a cap set at 0.05% of the previous year's global profit. In cases of non-compliance, fines can reach up to 6% of annual global revenue, which explains why few companies wish to obtain this status.

ChatGPT: An Unprecedented Case

Among the two platforms, ChatGPT stands out due to its unprecedented nature. This is the first time a conversational agent based on generative artificial intelligence could be subjected to this regime. While assessing systemic risks is a common practice for social networks, it is much less so for language models. Previous cases show that contesting this designation is often futile. Amazon, for instance, attempted to challenge its inclusion by arguing that its marketplace did not fall under the framework, but its appeal was rejected by the Court of Justice of the European Union last November.

Roblox: Special Attention on Minor Protection

Roblox, on the other hand, is drawing Brussels' attention for several reasons. The platform is widely used by children and teenagers, relies on user-generated content, and facilitates interactions between strangers. Protecting minors is a priority for the Commission, which has already investigated TikTok for the addictive design of its service and other platforms for age verification.

Anticipating a possible designation, Roblox has already begun to strengthen its controls. The company has tightened restrictions on children's interactions and the experiences they can access, in a proactive compliance effort. The advertising aspect is also under scrutiny, as the regulation strictly governs marketing directed at children, particularly prohibiting targeted advertising based on their profiles.

The Precedent of Adult Platforms

Adult platforms have already faced similar measures. In 2023, Brussels classified Pornhub, XVideos, and Stripchat in this category, primarily for reasons related to minor protection. This designation allowed the case to be elevated to the European level. Similarly, the Chinese app Temu was designated in 2024 following alerts regarding the safety of the products sold. The regulation has demonstrated its ability to impose severe penalties, as evidenced by the €120 million fine imposed on X for misleading design and lack of transparency, or the €550 million fine on Alibaba for its online commerce service.

France and the Role of Arcom

In France, Arcom plays a central role in regulating digital services since the May 2024 law aimed at securing and regulating the digital space. It works in coordination with CNIL and DGCCRF in their respective areas. Arcom receives complaints, designates trusted reporters, and coordinates the application of the text within French territory. However, very large platforms remain under the direct supervision of the European Commission.

Thus, a concerned French parent regarding the content their child is exposed to on Roblox would see their case handled in Brussels rather than Paris. While this change may seem technical, it is significant. The European Commission has far broader investigative and sanctioning powers than a national regulator, but it must manage reports from twenty-seven countries simultaneously. Nevertheless, Arcom retains its national prerogatives, as it recently demonstrated by targeting thirty-one additional pornographic sites, relying on the SREN law and the European regulation.

An Announcement Still Uncertain

In conclusion, it is important to note that nothing is official yet. Current information relies on anonymous sources, and the Commission has not yet confirmed these developments. The timeline also remains indicative. However, the functioning of the framework, its obligations, and its penalty scale have been well documented since its implementation.