The Prostitute Protection Act
The Prostitute Protection Act
The new Prostitute Protection Act is not only intended to „protect“ prostitutes but also imposes a number of obligations on prostitutes. These duties must be observed and followed in Germany from 01.07.2017.
New is the obligation to register with the public order office before starting work. Prior to this, there is an obligation to attend a health consultation. This will be carried out at the public health office. The prostitute receives a certificate of this. She has to present this certificate when registering at the public order office. The registration must be made in person. German and EU citizens only need their identity card or passport. When registering, an information and counselling interview must be held. In this conversation the prostitute should be informed about her rights and duties. The prostitute will receive a certificate of registration. She must always carry it with her and present it to the escort agency.
Procedure of the registration:
- make an appointment with the public order office for a health consultation
The health consultation must be repeated every 12 months. Prostitutes under the age of 21 years have to take this consultation at least every 6 months.
- go to the public order office for the registration certificate with the certificate of health counselling. Register in all federal states.
The registration certificate from the public order office is valid for two years and for persons under 21 years for one year. It must therefore be renewed regularly.
In addition to the registration certificate, it is also possible to have an alias certificate issued. This certificate does not contain the correct first and last name, but an alias (pseudonym).
Of course it is a bit annoying to have to go to the authorities and I can understand that it is unpleasant to come out as an escort. But all in all it is not as bad as you think. The public order office and the health department are not allowed to pass on the data. So neither the health insurance company nor the employer gets the data. If you tell the public order office that you are giving up your job, the data will be deleted after 3 months.
A violation of these obligations can have considerable consequences. Fines of up to a thousand euros can be imposed. In the worst case, the continued practice of the activity as a prostitute can be prohibited. The legal obligation to use condoms is now also new. This means that the prostitute can report the client if he/she simply removes the condom or forces her to have intercourse without a condom.
In the future it will no longer be possible to hide from the tax office. The authority issuing the certificate of registration will immediately inform the competent tax office of the contents of the registration. However, this is no reason not to register, as if you engage in prostitution without registering, you are committing both tax evasion and an administrative offence. Checks regarding the registration certificate can also affect so-called sugar daddy portals. Basically men pay women for sex there. So it is a hidden prostitution and since many people do not pay tax on the money, it is doubly interesting for the state to carry out controls there. As an agency you also have to expect high penalties if you do not comply with the law.
So if you want to work as an escort within Germany, I strongly advise you to apply for the license.