Abstract

The paper investigates whether providers of generative artificial intelligence (AI) models fall under the purview of the Digital Services Act. Organized into six sections, the legal considerations unfold systematically. The opening paragraph introduces an analysis of the legal risks posed by large language models. The subsequent section is dedicated to exploring a regulatory framework for the generative AI market. The third section scrutinizes the scope of the Digital Services Act. Further examination in the fourth and fifth sections addresses the classification of generative AI providers as online intermediaries and search engine providers, respectively. The paper concludes with reflections on the inadequate definitional precision of the Digital Services Act and a call to adapt the regulation’s provisions to the online landscape shaped by large language models.