Part 3: Providers of regulated user-to-user services and regulated search services: Duties of care Illegal content duties for all user-to-user services Section 9: Illegal content risk assessment duties
This section sets out the risk assessment duties on all providers of regulated user-to-user services in relation to illegal content. Providers must carry out a suitable and sufficient risk assessment by the relevant deadline specified in Schedule 3.
	Subsection (3) requires the service provider to keep the risk assessment up to date, including when OFCOM significantly changes a risk profile which applies to it.
	Subsection (4) requires the service provider to carry out a further risk assessment before significantly changing the design or operation of the service.
	Subsection (5) lists the factors that the service provider must assess, including several factors relating to the likelihood of users encountering illegal content or the service being used for the commission or facilitation of a priority offence, and the severity of the impact this would have on users. It requires the provider to take into account OFCOM’s risk profiles (published under section 98) relating to the kind of service it provides.
	The findings of the provider’s risk assessment, including its conclusions about the levels of risk, inform the steps it must take to comply with its safety duties to protect individuals from illegal content under section 10.
	OFCOM have a duty under section 99 to issue guidance to assist service providers to carry out their risk assessments.