Recital 34

Where an AI companion or a general conversational chatbot is deployed as a functionality of an online platform or of an online search engine, the obligations laid down in Regulation (EU) 2022/2065 should continue to apply to the provider of those intermediary services, where the conditions for their application are fulfilled. In particular, the deployment of such functionalities should not affect the application of the rules on the assessment and mitigation of systemic risks, including risks stemming from the design, functioning or use of those functionalities, insofar as they form part of the service offered by the online platform or online search engine. To ensure transparency over interactions with such systems, providers of online social networking services, of video-sharing platform services, and of online games that deploy AI companions or general conversational chatbots as a functionality in the provision of their service should also implement measures that empower minors to make informed choices whether to use those companions or chatbots and be able to opt out from such use. This should include obligations for those providers to ensure that minors are not nudged to use those systems through design techniques, such as displaying AI companions and general conversational chatbots at the top of the minor’s contacts list. Moreover, safeguards should apply to AI companions and general conversational chatbots when they are deployed as a functionality in the provision of an online game, where in-game purchases can occur.