OpenAI may also contest the designation, as other platforms have unsuccessfully done in the past, said João Pedro Quintais, associate professor of information law at the University of Amsterdam. Any disagreement would further lengthen the process.
Too many laws?
Key questions remain about how the two major laws tackling AI and platforms overlap.
The AI Act and the DSA were designed to coexist in cases where AI is integrated into digital services, such as Google’s AI Overviews, said Quintais. They weren’t designed with so-called vertically integrated AI providers like OpenAI in mind.
The two laws are based on two different risk frameworks. Platforms have to assess which risk categories they fall under and adjust their services appropriately.
These risk frameworks are not perfectly aligned; the AI Act says models need to be classified as unacceptable, high, limited, or minimal or no risk. Platforms and search engines need to determine and mitigate four types of “systemic risks,” such as civic integrity, elections, public health and fundamental rights.
But under the AI Act, features integrated into VLOPSEs, such as Google’s AI Overviews, are assumed to be compliant with the AI rules if they file DSA assessments.