Kimi K3 is an LLM so completely separate to the conversation at hand.

The DSA doesn't apply to models, it applies to businesses operating as Platforms with more than 45 million monthly users in the EU.

If you were to use Kimi K3 via kimi.com or the Moonshot API, your data is processed in China, a country without an EU adequacy decision, nevermind an obligation to operate as a business/platform in the EU.

Host Kimi K3 in the EU as a commercial offering, hit 45 million average monthly users in the EU, and now Kimi K3's Host is considered a Very Large Online Search Engine under the EU’s Digital Services Act.