PROSTITUTE PROTECTION ACT (PROSTSCHG)
The new Prostitution Protection Act is not only intended to protect prostitutes, but also imposes a number of obligations on prostitutes, as well as on the operators of prostitution establishments (brothels, sauna clubs, escort agencies, etc.). These obligations must be observed and followed in Germany since 01.07.2017 .
There is an obligation to register the activity with the regulatory office before starting the activity. Prior to this, there is an obligation to attend a health consultation. This is performed at the health department. After this, the prostitute receives a certificate. It must present this at the time of registration with the Office of Public Order. Registration must be done in person. German and EU citizens only need their identity card or passport. An information and counseling interview must be conducted at the time of registration. In this conversation the prostitute should be informed about her rights and duties. The prostitute receives the registration certificate issued by the Ordnungsamt, colloquially known as the “whore passport”. This contains the personal data (name, date of birth, place of birth) and a photo. A second certificate with aliases can be issued upon request. This registration certificate must be presented by the escort lady to the escort agency in order to be allowed to work with them.
- Make an appointment at the health department for health counseling.
- The health consultation must be repeated every 12 months. Prostitutes under the age of 21 must even attend this counseling at least every 6 months.
- For the registration certificate, go to the regulatory office with the certificate of health consultation. Register all states as a place of work.
- The registration certificate from the Ordnungsamt is valid for two years and for one year for persons under 21 years of age. It must therefore be renewed regularly.
- In addition to the certificate of registration, it is also possible to obtain an alias certificate. This certificate does not list the correct first and last name, but an alias (pseudonym).
Of course, it is a bit annoying to have to go to the offices and I can understand that it is unpleasant to out yourself as an escort at the office. On the whole, though, it’s not as bad as you’d think. Of course, the public order office and the health department are not allowed to pass on the data either. So neither the health insurance company, nor the employer get the data. If you declare to the regulatory office that you are giving up the activity, the data will be deleted after 3 months.
Violation of these obligations may have significant consequences. Fines of up to one thousand euros may be imposed. In the worst case, further practice as a prostitute may be prohibited. The legal obligation to use condoms is now also new. The prostitute can therefore report the client if he simply removes the condom or coerces her into intercourse without a condom.
In the future, you will no longer be able to hide from the tax office. The authority issuing the registration certificate will immediately inform the competent tax office of the content of the registration. However, this is not a reason not to register, because if you practice prostitution without registration, you commit both tax evasion and an administrative offense. Controls regarding the registration certificate may also affect so-called sugardaddy portals. Because basically men pay women for sexual services in return there, too. So it is a kind of prostitution and since many do not pay tax on the money, it is doubly interesting for the state to carry out controls there. As an agency, you also face stiff penalties for not complying with the law.
So if you want to work as an escort within Germany, I strongly advise you to apply for the license.