Information about the Prostitute Protection Act for sexworkers

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On 1 July 2017 a new Prostitute Protection Act (abbreviated: ProstSchG) came into effect in Germany. They must register at the public authority located in the area the prostitute wishes to work most of the time.

Important Steps

1. Registration

  • health consultation at the Public Health Office (at the place of registration)
  • informational and advisory talk at the competent authority

Only after these steps the competent authority is allowed to issue a registration certificate.

2. The registration certificate and the certificate confirming the health consultation must be carried along when doing sex work!

3. The registration (health consultation and informational and advisory talk) must be repeatedly attended:

  • 18 – 21 years:
    registration with informational and advisory talk – every 12 months
    health consulation – every six months
  • from 21 years on:
    registration with informational and advisory talk – every 2 years
    health consulation – every 12 months

Required for Registration

  1. certificate confirming the sex worker attended a health consultation (issued within the past 3 months)
  2. valid passport / ID card
  3. residence permit and employment permit (if sex worker is a non-EU citizen)
  4. registered address or address for service (in Germany)
  5. two photos
  6. federal German states or municipalities where sex services are planned to be provided.

If all documents are submitted, the authority must issue the registration certificate within five business days!

Alias Certificate

This type of certificate is only issued upon request and indicates an alias (work name, pseudonym). All other data are identical to the data on the registration certificate.

The Following Data are Entered on the Registration Certificate

  • first name and last name or alias (in case of an alias certificate)
  • date and place of birth
  • nationality
  • validity period of certificate and name of the issuing authority
  • federal states or municipalities in which the sex worker plans to work
  • 1 photo

The sex worker must inform the authority about any changes of the registration data and work places within fourteen (14) days.

SEX WORKERS MUST CARRY THE REGISTRATION CERTIFICATE OR ALIAS CERTIFICATE AND THE HEALTH CONSULTATION CERTIFICATE WITH THEM WHEN THEY WORK.

Refusal of the Registration Certificate or Alias Certificate

The registration authority may not issue a registration certificate if a prostitute is younger than 18 or  is younger than 21 and other people have caused her/him to take up prostitution or continue with prostitution or if he or she is coerced into taking up or continuing prostitution.

Registration will be denied if a prostitute is pregnant and will give birth within the next six weeks or if the sex worker has not submitted all documents required for the registration certificate.

Condom Requirement

Condoms must be used during all sex acts. If condoms are not used, customers run the risk of having to pay high fines.

Operators must meet certain requirements set by the authorities, e.g.:

  • Sex business operators are obligated to check if only persons work in their prostitution establishment who have a valid registration certificate (and are obligated to only allow persons with a registration certificate to work in their establishment).
  • The following data must be kept and stored for two years:
    • first name and last name or alias
    • validity period and name of authority which issued the registration certificate
    • certificate confirming attendance of the health consultation
    • days on which the sex workers do their sex work.

Operators must fulfill certain obligations towards sex workers.

  • An agreement must be reached prior to the start of the sex work.
  • The agreement and evidence / receipts regarding payments made must be handed over to the sex workers.
  • The business concept / event concept must be made available.
  • Operators must give their sex workers time off from work so they can go to health examinations and consultation appointments (at advisory offices and public authorities).

Data Protection

What is discussed during the health consultation and during informational talks may not be forwarded without the consent of the relevant sex worker.

Personal data entered on the registration certificate are forwarded to the Financial Authority of the administrative district and to the federal German states and municipalities where the sex worker plans to work. As in the past, sex work is a taxable activity.