EU Commission Probes Major Tech Giants on Generative AI Risks Under Digital Services Act: A Practical Compliance Guide for Website Owners

Introduction

*Updated for 2026 compliance practices.*

The European Commission has intensified its scrutiny of major technology platforms, launching formal investigations into how generative AI features may pose systemic risks under the Digital Services Act (DSA). While these probes target very large online platforms (VLOPs), the regulatory signals are clear: any website using AI-driven tools—from chatbots to personalized content—must ensure transparency, user control, and robust data protection. For website owners, this means re-evaluating how consent is collected, how tags fire, and what disclosures are in place. GDPRChecker provides the scanning and verification layer to help you stay compliant without guesswork.

What is EU Commission Probes Major Tech Giants on Generative AI Risks Under Digital Services Act: A Practical Compliance Guide for Website Owners?

EU Commission Probes Major Tech Giants on Generative AI Risks Under Digital Services Act: A Practical Compliance Guide for Website Owners is the practical process a website owner uses to document, check, and improve the relevant consent or privacy controls. In this guide, it means keeping evidence that can show what visitors were told, which choices they made, and how tracking behavior matched those choices at the time of a review.

This guide translates the EU Commission's focus on generative AI risks into actionable steps for your website. We'll cover what the probes mean, how they connect to GDPR and ePrivacy, and how to use GDPRChecker to validate your setup. Whether you're running a simple blog with an AI chatbot or a complex e-commerce site with recommendation engines, you'll find practical advice to close compliance gaps.

What the EU Commission Probes on Generative AI Risks Mean for Website Owners

The European Commission's investigations under the DSA examine how generative AI—such as large language models integrated into search, content generation, or user interaction—may amplify risks like disinformation, manipulation, or lack of transparency. While the DSA primarily applies to VLOPs, the underlying principles align with GDPR's requirements for lawful processing, transparency, and data subject rights. If your website uses any AI tool that processes personal data (e.g., user inputs in a chatbot, behavioral data for recommendations), you must ensure compliance with both frameworks.

For practical purposes, this means: - **Consent must be specific and informed.** Users need to know if AI processes their data and for what purpose. Generic consent banners won't suffice if you're using AI for profiling or automated decisions. - **Pre-consent data collection is under the microscope.** The probes highlight concerns about data being ingested without proper consent. Your website must block AI-related tags and trackers until the user has opted in. - **Transparency disclosures are critical.** You should clearly explain in your privacy policy how AI uses personal data, what logic is involved, and how users can exercise their rights.

GDPRChecker helps you verify these elements by scanning for unauthorized network requests, checking banner behavior, and identifying disclosure gaps. As the regulatory landscape evolves, regular scans become essential to maintain compliance.

Requirements and Compliance Expectations Under GDPR and DSA

While the DSA introduces new obligations for platforms, many requirements overlap with GDPR. Here's what website owners should focus on:

Consent Management - **Valid consent:** Under GDPR, consent must be freely given, specific, informed, and unambiguous. For AI tools, this means users must actively opt in before their data is processed. Pre-ticked boxes or implied consent are not acceptable. - **Granularity:** If you use multiple AI services (e.g., a chatbot and a recommendation engine), users should be able to consent to each separately. A single "Accept All" button without granular options is a common mistake. - **Consent Mode integration:** If you use Google services like Analytics or Ads, implementing Google Consent Mode v2 is crucial. It adjusts tag behavior based on user consent, ensuring no personal data is sent without permission. GDPRChecker can diagnose Consent Mode gaps—see our guide on GA4 without Consent Mode risks.

Transparency and Disclosures - **Privacy policy updates:** Your policy must detail the AI tools you use, the data they process, the purposes, and the legal basis. For automated decision-making, you must explain the logic and potential consequences. - **Cookie and tracker disclosures:** AI tools often rely on cookies or similar technologies. You need a comprehensive cookie banner that lists all trackers and allows users to manage preferences. Refer to our cookie banner requirements guide for specifics. - **Reject-all button:** Users must be able to reject non-essential cookies as easily as they can accept them. A missing or hard-to-find reject-all button is a violation. Learn more in our reject-all button requirements guide.

Data Subject Rights - **Access and portability:** Users have the right to access personal data processed by AI and receive it in a machine-readable format. - **Objection and erasure:** Users can object to processing, including for direct marketing or profiling, and request deletion of their data. - **DSAR readiness:** While GDPRChecker doesn't automate DSAR responses, it can help you identify what personal data you collect, making it easier to fulfill requests. For a deeper dive, see our guide on personal data under GDPR.

Step-by-Step Implementation: How to Align with the EU Commission's Focus

Follow these steps to audit and adjust your website's compliance posture in light of the EU Commission's generative AI probes.

Step 1: Inventory Your AI Tools and Trackers List every AI-powered feature on your site—chatbots, recommendation widgets, content personalization engines, voice assistants, etc. For each, identify: - The vendor (e.g., Google, OpenAI, custom solution) - What data it collects (e.g., user inputs, browsing behavior, IP address) - How it's triggered (e.g., page load, user interaction) - What cookies or trackers it sets

Use GDPRChecker's scanner to get a complete inventory of cookies and network requests. This will reveal hidden trackers you might have missed.

Step 2: Review Consent Mechanisms Check your consent banner for the following: - Does it appear before any AI-related scripts load? - Are AI tools categorized correctly (e.g., "Functional," "Marketing," "Preferences")? - Can users opt in or out of each category individually? - Is the reject-all option equally prominent?

Test with GDPRChecker's banner behavior scan to see if the banner blocks requests until consent is given. Common edge cases: if your chatbot loads via a tag manager, ensure the trigger is consent-dependent.

Step 3: Configure Google Consent Mode v2 If you use Google services, implement Consent Mode v2 to control data flow based on consent state. Key steps: - Set default consent states (e.g., `analytics_storage: 'denied'`) - Update tags to respect consent signals - Verify with Google's Tag Assistant and GDPRChecker's Consent Mode diagnostics

Without Consent Mode, GA4 may still collect data even when users deny consent—a major risk highlighted by recent major GDPR fines.

Step 4: Update Privacy Policy and Disclosures Draft clear, plain-language sections on AI data processing. Include: - Types of AI used and their purposes - Data categories processed - Legal basis (consent, legitimate interest, etc.) - How to exercise rights (contact details, opt-out mechanisms)

GDPRChecker's policy-link check ensures your privacy policy is accessible from every page and that it contains required disclosures.

Step 5: Test Pre-Consent Behavior Manually test your site with browser developer tools or GDPRChecker's pre-consent request check. Look for: - Network requests to AI vendors before consent - Cookies set in the browser storage - Data sent in URL parameters or headers

If you find any, adjust your tag manager triggers or hard-code blocking until consent is obtained.

Step 6: Monitor and Iterate Compliance is not a one-time task. Schedule regular scans with GDPRChecker to catch new trackers, banner regressions, or policy gaps. After any site update—especially adding new AI features—run a full scan.

Common Mistakes and How to Avoid Them

Even well-intentioned website owners make errors that can lead to non-compliance. Here are the most frequent pitfalls related to generative AI and DSA/GDPR:

1. Assuming AI Tools Are Exempt from Consent Mistake: Believing that because an AI chatbot is "functional," it doesn't require consent. Reality: If the chatbot processes personal data (e.g., stores conversation logs, uses cookies), it likely needs consent unless it falls under a strict necessity exemption.

**How to avoid:** Treat AI tools like any other tracker. Categorize them appropriately in your consent banner and block them until consent is given.

2. Incomplete or Vague Privacy Policy Mistake: Using generic phrases like "We use AI to improve our services" without specifics. Reality: Regulators expect detailed disclosures, especially after the EU Commission's probes.

**How to avoid:** Name the AI technologies, explain data flows, and provide clear opt-out instructions. Use GDPRChecker to verify that your policy page is linked and contains key terms.

3. Ignoring Pre-Consent Data Leakage Mistake: Allowing AI scripts to load on page load, even if they don't set cookies immediately. Reality: IP addresses and other data can be transmitted in the request itself, violating ePrivacy.

**How to avoid:** Use a tag manager with consent triggers or implement a consent management platform (CMP) that blocks scripts by default. GDPRChecker's pre-consent scan will flag any unauthorized requests.

4. Not Testing the Reject Flow Mistake: Only testing the "Accept All" path. Reality: Many banners fail to properly block trackers when users reject or customize settings.

**How to avoid:** Regularly test the full reject flow. Ensure that after clicking "Reject All," no AI-related cookies are set and no data is sent. Our reject-all button requirements guide has detailed testing steps.

5. Overlooking DSAR Implications Mistake: Not considering how AI-processed data fits into data subject access requests. Reality: AI models may store user data in complex ways, making it hard to retrieve.

**How to avoid:** Document what data your AI tools collect and where it's stored. While GDPRChecker doesn't handle DSARs, its inventory features help you map personal data—see personal data under GDPR.

How to Validate with GDPRChecker

GDPRChecker offers a suite of scans tailored to the compliance areas highlighted by the EU Commission's probes. Here's how to use them:

Pre-Consent Network Request Check This scan identifies any requests made to third-party domains before the user has given consent. It's crucial for catching AI tools that load early. Run it after any tag configuration change.

Banner Behavior Analysis Verify that your consent banner appears correctly, blocks trackers when it should, and respects user choices. The scan checks for common issues like banners that don't reappear or that fail to block on reject.

Consent Mode Diagnostics If you use Google Consent Mode, GDPRChecker checks for proper implementation, including default consent states and tag behavior. It helps close the gap between what you think is happening and what's actually happening.

Policy and Disclosure Gap Scan This scan crawls your site to ensure every page has a link to your privacy policy and that the policy contains required disclosures. It's a quick way to catch missing links or outdated policies.

Ongoing Monitoring (Paid Plans) On paid plans, GDPRChecker provides runtime protection, consent records, and automated monitoring. This is especially valuable if you frequently update AI features or run multiple sites.

**Ready to verify your compliance?** Run a free GDPRChecker scan now to see where you stand.

Comparison: DSA vs. GDPR Requirements for AI Tools

While the DSA and GDPR have different scopes, they intersect when it comes to AI and personal data. The table below highlights key differences and overlaps.

| Aspect | DSA (for VLOPs) | GDPR (for all websites) | |--------|-----------------|-------------------------| | **Primary focus** | Systemic risks, content moderation, transparency of algorithms | Protection of personal data, individual rights | | **Consent requirement** | Not always required, but transparency obligations may necessitate user controls | Required for most non-essential processing, including AI if it involves personal data | | **Transparency** | Must disclose how recommender systems and AI work, including parameters and options for users | Must inform users about data processing, including AI logic and consequences | | **Risk assessments** | Mandatory for VLOPs, including AI-related risks | Data protection impact assessments (DPIAs) required for high-risk processing | | **Enforcement** | European Commission and Digital Services Coordinators | Data Protection Authorities (DPAs) | | **Applicability** | Only very large online platforms and search engines | Any organization processing personal data of EU residents |

For most website owners, GDPR is the immediate compliance framework. However, the DSA's emphasis on AI transparency and risk management signals where GDPR enforcement may head. Aligning with both now is a proactive step.

Real-World Examples

Example 1: E-commerce Site with AI Chatbot An online store adds an AI chatbot to handle customer queries. The chatbot uses cookies to remember session context and sends conversation data to a third-party AI provider. - **Compliance steps:** The site must categorize the chatbot as "Functional" or "Preferences" in the consent banner, block its scripts until consent, and update the privacy policy to disclose the AI provider and data processing. - **GDPRChecker validation:** A pre-consent scan reveals the chatbot script loads on page load. The site owner adjusts the tag manager trigger to fire only after consent. A follow-up scan confirms no early requests.

Example 2: News Portal with Personalized Recommendations A news website uses an AI recommendation engine that tracks reading behavior to suggest articles. It sets multiple cookies and shares data with an analytics service. - **Compliance steps:** The engine falls under "Marketing" or "Preferences." The consent banner must offer granular control. The site implements Google Consent Mode to ensure analytics respect consent choices. - **GDPRChecker validation:** The Consent Mode diagnostic shows that `analytics_storage` defaults to 'granted' instead of 'denied.' After correction, the scan passes.

Example 3: SaaS Platform with AI Content Generation A SaaS tool lets users generate marketing copy via an AI API. User inputs and outputs are stored for quality improvement. - **Compliance steps:** This likely requires explicit consent, as it involves processing personal data (user inputs may contain personal data). The privacy policy must explain the purpose and storage duration. Users must be able to request deletion of their data. - **GDPRChecker validation:** The policy gap scan flags that the privacy policy doesn't mention AI data processing. After updating, the scan confirms the policy is linked and contains the required terms.

Implementation Checklist

Use this checklist to ensure your website aligns with the EU Commission's focus on generative AI risks.

1. Inventory all AI tools and their data flows.
2. Categorize each AI tool in your consent banner (Functional, Preferences, Marketing, etc.).
3. Ensure the consent banner blocks AI scripts until user action.
4. Implement a prominent reject-all button that works correctly.
5. Configure Google Consent Mode v2 with correct default states.
6. Update privacy policy with detailed AI disclosures.
7. Test pre-consent network requests using GDPRChecker.
8. Verify banner behavior on accept, reject, and custom settings.
9. Check that all pages link to the privacy policy.
10. Document data retention periods and DSAR procedures.
11. Schedule recurring GDPRChecker scans (weekly or after updates).
12. Review and update compliance measures when adding new AI features.

FAQ

What is the EU Commission probing major tech giants on generative AI risks under the Digital Services Act? The European Commission is investigating how generative AI features on very large online platforms may pose systemic risks like disinformation or lack of transparency. These probes assess compliance with the DSA's obligations on risk management and user empowerment.

Do I need to worry about the EU Commission probes if my website isn't a major tech platform? Yes, because the underlying principles—transparency, user control, and lawful data processing—align with GDPR. If your site uses AI tools that process personal data, you must comply with GDPR consent and disclosure requirements.

How do I implement consent for AI tools on my website? Start by inventorying all AI tools. Then, configure your consent management platform to block AI-related scripts until the user opts in. Use granular categories so users can choose which AI features to allow.

How can I verify my AI compliance with a scanner like GDPRChecker? GDPRChecker scans for pre-consent network requests, banner behavior, Consent Mode gaps, and policy disclosures. Run a scan to identify unauthorized data flows or missing transparency elements.

What are common mistakes when implementing AI under GDPR? Common mistakes include not obtaining consent before loading AI scripts, using vague privacy policy language, failing to test the reject flow, and overlooking data subject access request implications.

Which cookies and trackers should I check for AI compliance? Check any cookies or trackers set by AI tools—chatbots, recommendation engines, personalization scripts. Also review third-party requests to AI providers. GDPRChecker's inventory scan lists all detected trackers.

How often should I review my AI compliance? Review whenever you add or update AI features, and schedule regular scans (at least monthly). After any site change, run a GDPRChecker scan to catch regressions.

What evidence should I keep for AI compliance? Keep records of consent logs, data protection impact assessments (if required), privacy policy versions, and scan reports from GDPRChecker. These demonstrate your compliance efforts to regulators.

> This guide is technical implementation guidance for website owners. It is not legal advice.

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