The European Commission has tightened regulatory oversight of ChatGPT, classifying it as a systemic platform under the Digital Services Act (DSA). At the same time, Anthropic's Claude did not make it onto this list — and this is a fundamental point for the entire AI industry.
EU regulators have decided to equate ChatGPT with very large search engines, and Reddit and Roblox with very large online platforms. However, Claude was left out: its declared audience in Europe does not reach the threshold established by law.
Why numbers decide everything, not safety
The key criterion here is not an assessment of risks or content quality, but the scale of the audience. The threshold is an average of 45 million users per month in the European Union. Companies submit their own data, and it is on this basis that the commission makes its decision.
According to OpenAI, 159.1 million people use ChatGPT's search function — roughly 3.5 times the threshold. Reddit reported 57.2 million, while Roblox barely crossed the line: its audience exceeded the minimum by just 1.6 million. Notably, the rule works both ways: in May 2025, the commission removed Stripchat's status when the service's audience fell below the threshold.
"We will not hesitate to add to the list any platform that reaches the threshold for enhanced oversight under the Digital Services Act," said Henna Virkkunen, Executive Vice-President of the European Union for Technological Sovereignty.
Why Anthropic's Claude remained below the 45 million threshold
Anthropic also discloses its data — the DSA requires this to be done at least twice a year. For the six-month period ending October 31, 2025, Claude's audience in Europe was far below the threshold. The company does not disclose the exact figure, and this data is already ten months outdated. It is time for Anthropic to publish fresh numbers — especially since the company has announced its stock market debut in the meantime.
All three services on the list must begin complying with the new rules within four months — that is, by January 2027. They will need to assess systemic risks related to illegal content, minors, mental health, and elections, as well as audit their systems.
The commission is now applying the law seriously, not just for show. In December 2025, it fined X (formerly Twitter) €120 million — the first penalty for violating the DSA. The law itself threatens fines of up to 6% of global turnover.
Claude is currently off the list only because of its scale. Anthropic has already faced a lawsuit over training data, and the company's next report in Europe will show whether it falls under the strictest section of the DSA.
My take: This is only a matter of time. Given Claude's rapid growth in popularity and the preparation for its IPO, Anthropic will almost certainly cross the threshold in the coming reporting periods. For the market, this is a signal: regulatory pressure on the AI sector will only intensify, and companies should prepare for new obligations in advance, rather than after the fact.