Prostitute Protection Act (Proschg)

ProstSchG - date of issue: 21.10.2016

"Prostitute Protection Act of 21 October 2016 (Federal Law Gazette I p. 2372)"

The law was adopted as Article 1 of G v. 21.10.2016 I 2372 passed by the Bundestag. It came into force on July 1, 2017 in accordance with Article 7, Paragraph 2 of this Act. Section 36 came into force on October 28, 2016 in accordance with Article 7, Paragraph 1 of this Act.

 

Section 1. General Provisions

 

§ 1 scope of application

This law applies to prostitution by persons over the age of 18 and to the operation of a prostitution business.

 

§ 2 definitions

1) A sexual service is a sexual act by at least one person on or in front of at least one other person who is directly present for a fee, or allowing a sexual act on or in front of oneself for a fee. No sexual services are performances of an exclusively theatrical character in which no other person present is involved in a sexually active manner.

(2) Prostitutes are people who provide sexual services.

(3) A prostitution business is operated by anyone who commercially offers services in connection with the provision of sexual services by at least one other person or provides premises for this by

1.operates a prostitution establishment,

2. provides a prostitution vehicle,

3. organizes or conducts a prostitution event or

4. operates a prostitution agency.

(4) Prostitution establishments are buildings, rooms and other fixed facilities that are used as business premises for the provision of sexual services.

(5) Prostitution vehicles are motor vehicles, vehicle trailers and other mobile equipment provided for the provision of sexual services.

(6) Prostitution events are events designed for an open group of participants at which at least one of the people directly present is offering sexual services.

(7) Prostitution placement is the placement of at least one other person to provide sexual services outside of the operator's prostitution establishments. This also applies if it is only clear from the circumstances that the services provided also include sexual acts.

 

Section 2. Prostitutes

§ 3 Registration obligation for prostitutes

(1) Anyone wishing to work as a prostitute must register this in person with the authority in whose area of ​​responsibility the activity is to be primarily exercised before commencing the activity.

(2) Insofar as a country has made a different regulation on the spatial validity of the registration certificate in accordance with Section 5 (3) sentence 1, the activity in this country must also be registered with the competent authority there.

(3) The obligation to register exists regardless of whether the activity is carried out independently or as part of an employment relationship.

 

§ 4 Information and evidence required for registration

(1) When registering, the person subject to registration must submit two photographs and provide the following information:

1. the first and last name,

2. the date and place of birth,

3. the nationality,

4. the sole residence or main residence within the meaning of the registration law, alternatively a delivery address and

5. the countries or municipalities in which the activity is planned.

(2) When registering, the ID card, passport, a passport substitute or a substitute ID card must be presented. Foreign nationals who are not entitled to freedom of movement must prove when registering that they are entitled to work or to be self-employed.

(3) When registering for the first time, evidence of health advice given within the previous three months in accordance with Section 10 Paragraph 1 must be submitted. The proof submitted with the first registration is also valid as proof for further registrations for the period of validity of the first registration certificate, insofar as they are required according to § 3 paragraph 2. The obligation to provide health advice according to § 10 paragraph 3 sentences 3 and 4 remains unaffected.

(4) In order to have the registration extended, prostitutes aged 21 and over must submit proof of the health consultations that have taken place at least once a year in accordance with Section 10 Paragraph 1. Prostitutes under the age of 21 must provide evidence of health advice given at least every six months.

(5) The prostitute must notify the competent authority within 14 days of any changes in the circumstances pursuant to subsection 1 number 1 and 3 to 5.

 

§ 5 registration certificate; validity

(1) As proof of registration, the competent authority issues a registration certificate to the person subject to registration within five working days.

(2) The registration certificate may not be issued if

1. the information and evidence required under Section 4 is not available,

2. the person is under 18 years old,

3. the person as an expectant mother is in the last six weeks before the birth when registering,

4. the person is under the age of 21 and there are factual indications that they are being or are to be induced by a third party to take up or continue prostitution, or

5. there are factual indications that the person is or is to be induced to engage in prostitution by third parties through exploitation of a predicament, their helplessness associated with their stay in a foreign country, or their personal or economic dependence, or that this person is being exploited by third parties, or shall be.

(3) The registration certificate is locally valid without restrictions, provided that the federal states have not made any deviating regulations on spatial validity. A reference to the possibility of deviating national law must be included in the registration certificate.

(4) The registration certificate is valid for two years for persons aged 21 and over who are required to register. For persons under the age of 21 who are required to register, the registration certificate is valid for one year.

(5) If the activity as a prostitute is continued after the period of validity has expired, the registration certificate must be extended. For an extension of the registration certificate, prostitutes aged 21 and over must submit evidence of the health consultations that took place at least once a year. Prostitutes under the age of 21 must provide evidence of health advice given at least every six months. Otherwise, the regulations for registration apply to the extension of the registration certificate.

(6)At the request of the person required to register, the authority will also issue a pseudonymised registration certificate (alias certificate). The validity period of the alias certificate corresponds to the validity period of the registration certificate. Unless otherwise specified, the regulations for the registration certificate apply to the alias certificate. If the authority issues an alias certificate, it shall document the alias together with the personal data and keep a copy of the alias certificate with the registration data.

(7) The prostitute must carry the registration certificate or the alias certificate with him or her when carrying out the activity.

 

§ 6 Content of the registration certificate and the alias certificate

1) The registration certificate contains a photo and the following information:

1. the first and last name of the person,

2. the person's date and place of birth,

3. the nationality of the person

4. the countries or municipalities specified when registering,

5. the period of validity and

6. the issuing authority.

The photo must be inseparably linked to the registration certificate.

(2) The alias certificate contains a photo and the following information:

1. the alias chosen for the prostitution activity,

2. the person's date of birth,

3. the nationality of the person

4. the countries or municipalities specified when registering,

5. the period of validity and

6. the issuing authority.

The photo must be inseparably linked to the alias certificate.

(3) The geographical area of ​​validity of the registration certificate must be stated in a registration certificate that is issued on the basis of a state law regulation made in accordance with Section 5 (3) sentence 1.

 

§ 7 Information obligation of the authority; information and consultation

(1) When registering, an information and counseling interview must be held.

(2) The information and consultation meeting must include at least:

1. Basic information on the legal situation according to this law, according to the Prostitution Act and other regulations relevant to the practice of prostitution that apply in the territorial area of ​​responsibility of the authority for the practice of prostitution,

2. Basic information on health insurance and social security in the event of employment,

3. Information on health and social counseling services, including counseling services on pregnancy,

4. Information on how to get help in emergency situations and

5. Information about the existing tax liability of the activity taken up and the sales and income tax obligations to be fulfilled in this context.

(3) During the counseling session, the competent authority provides the prostitute with information on practicing prostitution in a suitable form. The information should be written in a language that the prostitute understands.

 

§ 8 Design of the information and counseling session

(1) The personal registration and the information and counseling interview should be carried out in a confidential setting.

(2) With the consent of the person subject to registration, the competent authority may involve a specialist counseling center for prostitutes recognized under state law or a body entrusted with health counseling for the information and counseling session. Third parties can be included in the discussion with the consent of the authority and the person subject to registration. For the purpose of language mediation, the authority may call in third parties without the consent of the person subject to the registration requirement.

 

§ 9 Measures in the event of a need for advice

1) If there are actual indications that a prostitute needs advice with regard to their health or social situation, the competent authority should point out the offers of the corresponding advice centers and, if possible, arrange contact.

(2) The competent authority must immediately take the measures necessary to protect the person if there are actual indications that

1. a person is under the age of 21 and is or is to be persuaded by a third party to take up or continue prostitution or

2. a person is or is to be induced to prostitution by third parties through exploitation of a predicament, their helplessness associated with their stay in a foreign country, or their personal or economic dependence, or this person is or is to be exploited by third parties.

 

§ 10 Health Advice

(1) Health advice is offered by an authority responsible for the public health service for people who work as prostitutes or who want to take up such an activity. The federal states can determine that another authority is responsible for carrying out the health advice.

(2) The health advice is adapted to the personal life situation of the person being advised and should in particular include questions of disease prevention, conception regulations, pregnancy and the risks of alcohol and drug use. The person being advised is to be made aware of the confidentiality of the counseling and given the opportunity to disclose any predicament or emergency that may exist. With the consent of the authority and the person subject to registration, third parties may only be called in for the purpose of language mediation.

(3) Persons who want to work as a prostitute or as a prostitute must receive health advice before registering the activity for the first time. The health advice is provided by the authority responsible for conducting the health advice in accordance with paragraph 1 at the place of registration. After registering their activity, prostitutes aged 21 and over must receive health advice at least every twelve months. Prostitutes under the age of 21 must receive health advice at least every six months.

(4) The competent authority pursuant to paragraph 1 shall issue the person advised with a certificate of the health advice provided. The certificate must state:

1. the first and last name of the person being advised,

2. the date of birth of the person being advised,

3. the issuing body and

4. the date of the health consultation.

At the request of the person being advised, the certificate can also be issued using the alias used in a valid alias certificate in accordance with Section 6 (2).

(5) The certificate of the health advice is also valid as proof if further registrations are required according to § 3 paragraph 2.

(6) The prostitute must carry the certificate of health advice with him or her when exercising the activity.

 

§ 11 Orders against prostitutes

(1) If the competent authority has factual indications that a person is engaged in prostitution without having previously registered this activity, the competent authority shall request the person to register his or her activity as a prostitute within a reasonable period of time and request the competent authority to to submit a registration certificate.

(2) If the competent authority has actual indications that a person is engaged in prostitution without having taken advantage of the obligation to seek health advice, the competent authority shall request the person to take advantage of the health advice within a reasonable period of time and to provide the competent authority with the certificate of provide health advice.

(3) The competent authority can issue orders to prostitutes at any time to engage in prostitution, insofar as this is necessary

1. to protect customers or other persons from dangers to life, freedom, sexual self-determination or health,

2. for the protection of youth or

3. to ward off other significant impairments or dangers for other matters of public interest, in particular to protect residents, residents or the general public from noise emissions, behavior-related or other nuisances.

(4) The competent authority may take further action if

1. the prostitute has violated orders under paragraph 3 and

2. issuing further orders under paragraph 3 to protect the legal interests mentioned there would not be sufficient.

(5) Regulations and orders based on an ordinance issued under Article 297 of the Introductory Act to the Criminal Code, as well as measures under the Infection Protection Act remain unaffected.

 

Section 3. Permission to operate a prostitution business; Event-related notification requirements

§ 12 Obligation to obtain a license for prostitution; Procedure through a single body

 

1) If you want to run a prostitution business, you need permission from the responsible authority. Permission can be limited. The permit can be extended upon application if the conditions relevant to the granting of the permit continue to exist.

(2) Permission to operate a prostitution establishment is also granted for a specific operating concept and for specific structural facilities, facilities and rooms in them.

(3) Permission to organize or hold prostitution events is granted for a specific operating concept. It can be granted as a one-off permit or as a permit for several similar events.

(4) Permission to provide a prostitution vehicle is granted for a specific operating concept and for a specific vehicle with specific equipment. It is limited to a maximum of three years and can be extended upon request.

(5) The permit must be applied for from the competent authority. The following must be attached to the application:

1. the operational concept,

2. the other necessary documents and information to prove the existence of the permit requirements as well as

3. in the case of a natural person, the name, date of birth and address of the person for whom the permit is being applied for, or in the case of a legal person or association of persons, their company name, address, number of the register sheet in the commercial register and their registered office.

(6) Administrative procedures according to this section or according to an ordinance issued on the basis of this law can be processed via a uniform body according to the provisions of the Administrative Procedures Act.

(7) Permission or notification obligations under other regulations, in particular under the provisions of restaurant, commercial, construction, water or immission control law, remain unaffected.

 

§ 13 Agency Permission

(1) Anyone who wants to operate a prostitution business through a person employed as a representative requires a representative permit.

(2) The deputy permit is granted to the operator for the person used as deputy. It can be limited.

(3) If the prostitution business is no longer operated by the person employed as a representative, the operator must notify the competent authority immediately.

 

§ 14 Refusal of permission and agency permission

1) Permission is to be denied if

1. the applicant or a person designated as a representative or manager is under the age of 18 or

2. Facts justify the assumption that the applicant or a person intended to represent, manage or supervise the business does not have the reliability required to operate a prostitution business.

(2) Permission is also to be denied if

1. due to the operating concept, due to the design of the offer, due to the planned agreements with prostitutes or due to other factual circumstances, there are indications that the type of operation is incompatible with exercising the right to sexual self-determination or promotes the exploitation of prostitutes,

2. based on the operating concept or other factual circumstances, there are indications of a violation of Section 26 (2) or (4),

3. the minimum requirements according to §§ 18 and 19 or according to an ordinance issued on the basis of this Act are not met, insofar as the authority has not approved an exception to compliance with the minimum requirements and the fulfillment of the minimum requirements cannot be guaranteed by a condition to be imposed on the applicant,

4.due to the operating concept or other factual circumstances, there are significant deficiencies with regard to compliance with the requirements under Section 24 (1) for the health protection and safety of the prostitutes or other persons, insofar as the elimination of these deficiencies cannot be remedied by a condition to be imposed on the applicant can,

5. the operating concept or the local location of the prostitution business contradicts the public interest, in particular if there is a fear of endangering young people or harmful environmental effects within the meaning of the Federal Immission Control Act or dangers or other significant disadvantages or nuisances for the general public, or

6. the operating concept or the local location contradicts an ordinance issued under Article 297 of the Introductory Act to the Criminal Code.

(3) The authorization for representation is to be denied if

1. the person designated as the representative is under the age of 18 or

2. Facts justify the assumption that the person intended to act as deputy does not have the reliability required to operate a prostitution business.

 

§ 15 reliability of a person

(1) The required reliability is usually not

1. Anyone who has been convicted by a court of law within the last five years before submitting the application

a) for a crime

b) because of an offense against sexual self-determination, against bodily integrity or against personal freedom,

c) for extortion, fraud, money laundering, concealment of unlawfully obtained assets, bribery, withholding and embezzlement of wages or forgery,

d) because of an offense against the Residence Act, the Temporary Employment Act or the Act to Combat Clandestine Employment or

e) for a violation of the Narcotics Act to imprisonment for at least two years,

2. who within the last five years before submitting the application the license to practice a prostitution business was revoked or who was denied the practice of a prostitution business or

3. Anyone who is a member of an association that has been incontestably banned as an organization under the Associations Act or who is subject to an incontestable ban on activity under the Associations Act or was a member of such an association if ten years have not yet elapsed since membership ended.

(2) The competent authority must obtain the following information as part of the reliability check:

1. a certificate of good conduct for authorities (§ 30 Paragraph 5, §§ 31 and 32 Paragraph 3 and 4 of the Federal Central Register Act) and

2. a statement from the state police authority responsible for the place of residence, a central police station or the respective state criminal police office, whether and what factual indications are known that could justify concerns about reliability, insofar as the purposes of criminal prosecution or averting danger do not prevent the transmission of the actual indications.

In the case of convictions that are more than five years old, or if there are other findings, it must be examined in the specific individual case whether this gives rise to doubts about the reliability of the person.

(3) The competent authority checks the reliability of the operator and the persons deployed as deputies, managers or supervisors at regular intervals, but no later than after three years.

footnote: (+++ § 15 Abs. 1: To the application vgl. § 25 Abs. 3 +++)

 

§ 16 operating concept for prostitution business; event concept

(1) The essential features of the operation and the precautions to comply with the obligations under this law are to be described in the operating concept.

(2) The operational concept should set out:

1. the typical organizational processes and the framework conditions that the applicant creates for the provision of sexual services,

2. Measures to ensure that no persons are employed in the prostitution business of the applicant to provide sexual services who

a)are under 18 years old,

b) are persuaded by third parties to take up or continue prostitution as persons under the age of 21 or as victims of a crime of human trafficking,

3. Measures to reduce the risk of transmission of sexually transmitted infections,

4. other measures in the interest of the health of prostitutes and third parties,

5. Measures designed to ensure the safety of prostitutes and third parties as well

6. Measures that are suitable to prevent the presence of persons under the age of 18.

(3) Before each individual prostitution event, the operator has to draw up an event concept that describes the spatial, organizational and temporal conditions of the respective event and specifies the presentation of the operational concept.

 

§ 17 requirements and regulations

(1) Permission can be restricted in terms of content or linked to conditions, insofar as this is necessary

1. to protect the safety, health or sexual self-determination of prostitutes working in the prostitution business, employees and customers,

2. to protect the persons named in number 1 from exploitation or from threats to life or liberty,

3. for the protection of youth or

4. to ward off other significant impairments or dangers for other matters of public interest, in particular to protect residents, residents or the general public from noise emissions, behavior-related or other nuisances.

Subsequent inclusion, supplementation and amendment of conditions is permitted under the same conditions.

(2) Under the conditions set out in paragraph 1, the permit can be provided with a limitation on the number of prostitutes who work regularly in this prostitution business or the number of rooms provided for sexual services, and can be limited to certain operating times.

(3) Under the conditions of paragraph 1, independent orders can be issued at any time.

(4) Provisions and orders based on an ordinance issued under Article 297 of the Introductory Act to the Criminal Code remain unaffected.

footnote:
(+++ § 17 Abs. 2 u. 4: For application cf. § 20 Abs. 3 +++) 
(+++ § 17 Abs. 2 u. 4: For application cf. § 21 Abs. 3 +++)

 

§ 18 Minimum requirements for facilities used for prostitution

(1) Prostitution establishments must meet the necessary requirements in terms of their operating concept and their location, equipment and condition

1. to protect the prostitutes working in the prostitution business, the employees, other people providing services there and to protect customers,

2. for the protection of youth and

3. to protect local residents, residents or the general public.

(2) In prostitution establishments in particular, it must at least be guaranteed that

1. the rooms used for sexual services are not visible from the outside,

2. the individual rooms used for sexual services have an appropriate emergency call system,

3. the doors of the individual rooms used for sexual services can be opened from the inside at any time,

4. the prostitution site has adequate sanitary facilities for prostitutes, employees and customers,

5. the prostitution site has suitable lounges and break rooms for prostitutes and employees,

6. the prostitution establishment has individually lockable storage facilities for the prostitutes' and employees' personal belongings and

7. the rooms used for sexual services are not intended for use as sleeping or living space.

(3) The competent authority may allow exceptions to subsection 2 numbers 2 and 4 to 7 for prostitution establishments in apartments in individual cases if the fulfillment of these requirements would involve disproportionate effort and if the interests of prostitutes, employees and customers that are worth protecting are guaranteed in another way become.

(4) Paragraphs 1 to 3 apply accordingly to buildings, rooms or other fixed facilities used for prostitution events.

(5) The operator of a prostitution establishment is obliged to ensure that the minimum requirements under paragraphs 1 and 2 are met during operation.

 

§ 19 Minimum requirements for prostitution vehicles

(1) Prostitution vehicles must have an interior space that is sufficiently large for the intended operating concept and have an appropriate interior fittings, and the equipment and properties must meet the general requirements for the protection of the prostitutes working there.

(2) Prostitution vehicles must be equipped in such a way that the doors of the area used for the practice of prostitution can be opened from the inside at any time. The operator must take technical precautions to ensure that help is available at all times while inside.

(3) Prostitution vehicles must have adequate sanitary facilities.

(4) Prostitution vehicles must have a valid operating license and be in a technically operational condition.

(5) Paragraphs 1 to 4 also apply to prostitution vehicles used for prostitution events.

(6) The operator of a prostitution vehicle is obliged to ensure that the minimum requirements under paragraphs 1 to 4 are met during operation.

 

§ 20 Advertisement of a prostitution event; prohibition

(1) Anyone who wants to organize or hold a prostitution event must notify the competent authority at the location of the event four weeks before the start of the event. The notification must be accompanied by the following information and evidence:

1. the full name of the operator and a copy of the permission to organize or hold prostitution events,

2.if persons are to be used as deputies for the operator, their first and last name and a copy of the deputy permit,

3. the operating concept on which the permit is based,

4. the event concept related to the respective event,

5. place and time of the event,

6. the full name of the owner of the buildings, rooms or other stationary or mobile facilities used for the event and his consent,

7. the documents required to demonstrate the minimum requirements pursuant to Section 18 subsection 4 in conjunction with Section 18 subsection 2 or pursuant to Section 19 subsection 5 in conjunction with Section 19 subsections 1 to 3 regarding the condition of the facility used for the prostitution business,

8. Copies of the registration certificates or alias certificates of the prostitutes expected to be active at the event, and

9. Copies of the agreements made with the prostitutes.

(2) The operator of a prostitution event is obliged to comply with the minimum requirements applicable to the intended business premises pursuant to Section 18 Paragraph 4 or Section 19 Paragraph 5 during the implementation of the prostitution event. The prostitution event must be managed on site by the operator or by the persons named as deputies in the advertisement.

(3) After filing the notification, the competent authority checks whether the planned event violates the requirements regulated in § 14 paragraph 2 due to the event concept, due to the intended business premises or due to other factual indications. The competent authority can issue orders at any time subject to the requirements of Section 17 (1) sentence 1. Section 17 paragraphs 2 and 4 shall apply accordingly.

(4) Carrying out the prostitution event is to be prohibited if one of the reasons given in Section 14 (2) applies. If the competent authority becomes aware of circumstances that would justify the withdrawal or revocation of the license, the competent licensing authority must be informed of this.

(5) The prostitution event can be prohibited if the report is not made, not made in time, not truthfully or not completely.

 

§ 21 Notification of the installation of a prostitution vehicle; prohibition

(1) Anyone who wants to set up a prostitution vehicle for operation in the local area of ​​​​responsibility of an authority for more than two consecutive days or several times in a month must notify the responsible authority two weeks before the installation. The notification must be accompanied by the following information and evidence:

1. the first and last name of the vehicle owner and the full name of the operator of the prostitution vehicle,

2. a copy of the permit to provide the prostitution vehicle,

3. the vehicle or ship registration number of the prostitution vehicle,

4. the precise specification of the place of installation,

5. the duration of the installation,

6. the operating times,

7. Copies of the registration certificates or alias certificates of the prostitutes working in the prostitution vehicle, and

8. Copies of the agreements made with the prostitutes.

(2) Prostitution vehicles may only be set up for operation in such a way that they meet the requirements for the place of operation and the hours of operation

1. to protect the prostitutes working in the prostitution vehicle and the customers,

2. for the protection of youth and

3. to protect local residents, residents or the general public.

(3) After filing the notification, the competent authority checks whether the list violates the requirements of Section 14 (2). Subject to the requirements of Section 17 (1) sentence 1, the competent authority may at any time issue orders for the installation of the prostitution vehicle and its operation. Section 17 paragraphs 2 and 4 shall apply accordingly.

(4) The setting up of the prostitution vehicle is to be prohibited if one of the reasons specified in Section 14 (2) applies. If the competent authority becomes aware of circumstances that would justify the withdrawal or revocation of the underlying license, the competent licensing authority must be informed of this.

(5) The competent authority may prohibit the installation of the prostitution vehicle if its operation violates subsection 2 or if the notification pursuant to subsection 1 was not submitted, was not submitted in time, was not truthful or was incomplete.

(6) The regulations of the road and right of way remain unaffected.

 

§ 22 expiry of the permit

The license expires if the license holder has not started the business of prostitution within one year of being granted the license or has not practiced the business for a year. The deadlines can be extended upon request if there is an important reason.

 

§ 23 Withdrawal and revocation of permission and agency permission

(1) The permit shall be withdrawn if it becomes known that grounds for refusal pursuant to Section 14 (1) existed when it was granted. The proxy authorization shall be withdrawn if it becomes known that there were grounds for refusal pursuant to Section 14 (3) when it was granted.

(2) Permission can be revoked if

1. facts subsequently arise which would justify the refusal pursuant to Section 14 (1) number 2, or

2. the license holder or a person employed by him or her within the framework of the operational organization knows or should have known that persons under the age of 18 are providing sexual services.

(3) In particular, the license should be revoked if there are actual indications that the license holder or a person employed by him or her as a representative, manager or supervisor knows or should have known that a person engaged in prostitution is in the prostitution trade pursues or is mediated for sexual services that

1. is under the age of 21 and is or is to be persuaded to take up or continue prostitution by a third party or

2. vis or is to be caused to prostitution by third parties through exploitation of a predicament, their helplessness associated with their stay in a foreign country, or their personal or economic dependence, or this person is or is to be exploited by third parties.

(4) For the rest, the provisions of the Administrative Procedures Act apply to the withdrawal and revocation of the permit and proxy permit.

 

Section 4 Obligations of the operator

§ 24 safety and health protection

(1) The operator of a prostitution business must ensure that the interests of the safety and health of prostitutes and other persons working in his prostitution business are safeguarded. The spatial and organizational framework for the provision of sexual services must be designed in such a way that a risk to the safety and health of the people who work in the prostitution establishment, in the prostitution vehicle or at the prostitution event is avoided as far as possible and the remaining risk is kept as low as possible is held. The operator of a prostitution establishment, a prostitution vehicle or a prostitution event must take the protective measures that are appropriate and conducive to achieving the purposes set out in sentence 2, taking into account the number of people working there, the duration of their presence and the nature of their work.

(2) The operator of a prostitution business is obliged to work towards reducing the risk of transmission of sexually transmitted infections; in particular, he has to work towards compliance with the condom obligation by customers and prostitutes. The operator of a prostitution establishment, a prostitution vehicle or a prostitution event must ensure that adequate supplies of condoms, lubricants and hygiene items are available at all times during operating hours in the rooms used for sexual services.

(3) The operator of a prostitution establishment is obliged to enable the competent authorities or persons commissioned by them to provide advice on health-preserving behavior and the prevention of sexually transmitted diseases in the prostitution establishment at their request.

(4) The operator of a prostitution business is obliged to make it possible for prostitutes to receive health advice in accordance with Section 10 and to seek out examination and counseling services, in particular from the health authorities and other health and social counseling services of their choice during their business hours.

(5) The competent authority can oblige the operator of a prostitution business to set up and implement hygiene plans. Measures according to the Infection Protection Act remain unaffected.

 

§ 25 selection of persons working in the company; employment bans

(1) The operator of a prostitution business may not allow a person to work as a prostitute in his prostitution business if he can see that

1. this person is under 18 years old,

2. this person is under the age of 21 and is or is to be persuaded to take up or continue prostitution by a third party,

3. this person is or is to be induced to engage in prostitution by third parties through exploitation of a predicament, their helplessness associated with their stay in a foreign country, or their personal or economic dependence, or this person is or is to be exploited by third parties, or

4. this person does not have a valid registration or alias certificate.

(2) The operator of a prostitution business may only employ people who have the necessary reliability for tasks relating to representation, management and supervision, for tasks relating to compliance with house rules or house rules, admission control and security. This also applies if the persons in question are not employed by the operator of the prostitution business.

(3) The operator of a prostitution business can be prohibited by the competent authority from employing a person or their activity in his prostitution business if facts justify the assumption that this person does not have the reliability required for his activity. § 15 paragraph 1 is to be applied accordingly.

 

§ 26 duties towards prostitutes; Restriction of instructions and requirements

(1) The design of sexual services is determined exclusively between the prostitutes and their customers under their own responsibility.

(2) The operator of a prostitution business and the persons acting for the operator may not give prostitutes any instructions within the meaning of Section 3 (1) of the Prostitution Act. Other specifications regarding the type or extent of the provision of sexual services are also inadmissible.

(3) Agreements on services provided by the operator of a prostitution business to prostitutes and on services provided by prostitutes to the operator must be in text form. The prostitute may request that the agreement be concluded using the alias used in a valid alias certificate pursuant to Section 6 (2). The operator is obliged to provide the prostitute with a copy of the agreement or to transmit it electronically.

(4) The operator of a prostitution business is prohibited from having prostitutes who provide or intend to provide sexual services in his prostitution business promise or grant pecuniary benefits for renting rooms, for arranging a service or for any other service that is in a conspicuous are disproportionate to the service or its mediation.

(5) The operator of a prostitution business is obliged to give prostitutes who provide or want to provide sexual services in his prostitution business insight into the business plan at their request. In the case of a prostitution event, the operator must also give the prostitute access to the event concept upon request.

(6) The operator of a prostitution business is obliged to provide prostitutes who provide sexual services in his prostitution business with proof in text form of the payments made by the prostitute or the prostitute to the operator or to transmit it electronically. This also applies to payments made by the operator to the prostitute or prostitutes.

(7) The provisions of the Prostitution Act remain unaffected.

 

§ 27 Control and notification obligations

(1) The operator of a prostitution business must inform persons who want to provide sexual services in his prostitution business of their obligation to register and the need for regular health advice before they start working.

(2) The operator of a prostitution business is obliged to have persons who want to provide sexual services in his prostitution business present a valid registration or alias certificate and a valid certificate of health advice before starting work.

 

§ 28 Recording and Retention Obligations

(1) The operator of a prostitution business is obliged to record the following information about the prostitutes who provide sexual services in his prostitution business, in accordance with paragraph 3:

1. the first and last name or, if a valid alias certificate is presented, the alias named therein,

2. the information on the period of validity and on the issuing authority as can be seen from the registration or alias certificate, as well as the information on the date of issue and on the issuing authority as can be seen on the health advice certificate and

3. the individual working days of the prostitute in his prostitution business.

(2) The operator of a prostitution business is obliged to record payments from prostitutes who provide sexual services as part of his prostitution business, stating the first and last name, the date and the amount in accordance with paragraph 3. This also applies to payments made by the operator to the prostitutes. If a valid alias certificate is presented, the operator must record the alias and the information from the alias certificate regarding its period of validity and the issuing authority instead of the first and last name.

(3) The records are to be made on the same day for each day of activity.

(4) The operator of a prostitution business is obliged to present the records to the competent authorities at their request. The records are to be kept in the respective business premises. If the operator keeps records in fulfillment of other legal obligations, these records meet the requirements if they contain the information required in paragraphs 1 and 2 and are presented to the competent authorities on request.

(5) Records containing personal data must be kept in such a way that unauthorized persons have no access. Personal data must be deleted after the retention periods have expired. Recording and storage obligations according to other regulations remain unaffected.

(6) If the operator practices more than one prostitution trade, separate records must be kept for each of these trades.

(7) The operator of a prostitution business must keep the records for two years from the date of recording.

 

Section 5 Surveillance

§ 29 Supervision of the prostitution industry

(1) The officers of the competent authority are authorized for the purpose of surveillance

1. to enter the property and business premises of the person concerned during normal business hours for prostitution,

2. carry out tests and inspections there,

3. to inspect the business documents and records and

4. carry out identity checks at any time in order to carry out their duties in places where prostitution is practiced.

(2) To prevent urgent dangers to public safety and order, the property, business premises and rooms used for sexual services can also be entered outside of the usual business hours for prostitution. This also applies if they also serve residential purposes. The person concerned or third parties who have domiciliary rights to the respective rooms must tolerate the measures according to sentence 1; the basic right to the inviolability of the home (Article 13 Paragraph 1 of the Basic Law) is restricted in this respect.

 

§ 30 Obligation to provide information in the context of monitoring

(1) Operators of a prostitution business, persons employed as deputies or managers, and prostitutes are obliged to provide the competent authority and its agents with the verbal and written information required to monitor business operations at their request.

(2) The person obliged to provide information may refuse to provide information on questions the answer to which would expose them or one of the relatives referred to in section 52 of the Code of Criminal Procedure to the risk of criminal prosecution or proceedings under the Administrative Offenses Act.

Footnote: (+++ § 30: For application cf. § 31 Abs. 2 +++)

 

§ 31 Monitoring and obligation to provide information if there are indications of the practice of prostitution

(1) In the § 29 The competent authority is also entitled to regulated powers if facts justify the assumption that

1. a prostitution business is practiced without the required permit or

2. a dwelling or other premises or a vehicle is used for the provision of sexual services by a prostitute.

(2) The provisions on the obligation to provide information according to Section 30 are to be applied accordingly.

 

Section 6 Prohibitions; fine regulations

§ 32 compulsory condom; advertising ban

1) Customers of prostitutes and prostitutes must ensure that condoms are used during sexual intercourse.

(2) The operator of a prostitution business is obliged to draw attention to the condom obligation in prostitution establishments, in other rooms regularly used for prostitution and in prostitution vehicles by means of a clearly visible notice.

(3) It is forbidden to offer, announce or praise the opportunity for sexual services by distributing writings, sound or image carriers, data storage, illustrations or representations or to publish explanations of such content

1. with reference to the opportunity for sexual intercourse without a condom, even if the reference is made in an indirect or linguistically covert form,

2. in a way that is suitable in terms of the type of presentation, the content or scope or the type of carrier medium and its distribution, specifically impairing legally protected interests of the general public, in particular the protection of minors, or

3. with reference to the opportunity for sexual intercourse with pregnant women, even if the reference is made in an indirect or linguistically covert form.

Public exhibition, posting, demonstration or other public access is equivalent to dissemination.

 

§ 33 fine regulations

(1) Acting illegally, who

1. in contrast to § 3 paragraph 1 does not register an activity mentioned there, or does not register it correctly, completely or in good time,

2. according to an enforceable order § 11 Paragraph 1, 2 or 3 contravenes or

3. in contrast to § 32 Paragraph 1 as a customer does not ensure that a condom is used.

(2) Offenses are those who intentionally or negligently act

1. without permission after § 12 Paragraph 1 sentence 1 or Section 13 paragraph 1 operates a prostitution business,

2. an enforceable condition § 17 paragraph 1 or 2 violated,

3. ein an enforceable order § 17 Unit volume 3, § 20 Unit volume 3 Satz 2, Unit volume 4 Sentence1 or Unit volume 5, § 21 Unit volume 3 Sentence 2, Unit volume 4 Sentence 1 oder Unit volume 5 oder § 25 Unit volume3 Sentence 1 violated,

4. in contrast to § 18 Paragraph 5 does not ensure that an in § 18 paragraph 2 is met,

5. in contrast to § 19 Paragraph 6 does not ensure that an in § 19 Paragraphs 2 to 4 are met,

6. in contrast to § 20Paragraph 1 sentence 1 or § 21 paragraph 1 sentence 1, a notification is not made, not made correctly, not completely or not made in time,

7. in contrast to § 25 Absatz 1 eine dort genannte Person in seinem Prostitutionsgewerbe tätig werden lässt,

8. in contrast to

a) § 27 Paragraph 1 or

b) § 32 paragraph 2

does not provide information, does not provide it correctly, does not provide it completely or does not provide it in good time,

9. in contrast to § 27 Paragraph 2, a document mentioned there cannot be submitted or cannot be submitted in good time,

10. in contrast to § 28 paragraph 1 or paragraph 2 sentence 1, also in connection with sentence 2, does not make a record or does not make it correctly, incompletely or not in time,

11. in contrast to § 28 paragraph 4 sentence 1 does not submit a recording or does not do so in good time,

12. in contrast to § 28 A4 sentence 2, paragraph 6 or paragraph 7, a record is not kept, not kept correctly or not kept for at least two years,

13. in contrast to § 30 Paragraph 1, information is not provided, not provided correctly, not completely or not in good time, or

14.in contrast to § 32 Paragraph 3 sentence 1, also in connection with sentence 2, offers, announces or praises a sexual service or announces a statement mentioned there.

(3) The administrative offense can be punished with a fine of up to fifty thousand euros in the cases of paragraph 1 number 3, in the cases of paragraph 2 numbers 1 to 5, 7, 8 letter b and number 14 with a fine of up to ten thousand euros, in the cases of Paragraph 2 number 8 letter a and numbers 9 to 12 can be punished with a fine of up to five thousand euros and in the other cases with a fine of up to one thousand euros.

 

§ 33a confiscation

(1) Items to which an administrative offense pursuant to Section 33 (2) number 14 relates may be confiscated.

(2) § 123 Section 2 of the Code of Administrative Offenses applies accordingly.

 

Section 7. Personal Data; federal statistics

§ 34 collection, processing and use; data protection

(1) The competent authority may collect, process and use personal data from prostitutes, from operators of a prostitution business and from those persons who are important for the decision on the granting of the permit, insofar as the data is used for the implementation of this law, in particular for the assessment of the reliability are required. § 11 of the trade regulations applies accordingly to the collection, processing and use of personal data of the operator of a prostitution business and of the persons who are responsible for the granting of the permit.

(2) Personal data collected under this Act may only be used to monitor the exercise of a prostitution trade or activity, unless otherwise provided by this Act.

(3) The personal data of prostitutes collected in connection with the registration and the type of activity reported by the prostitute may only be passed on within the competent authorities if this is necessary for the fulfillment of the purposes specified in paragraphs 1 and 2. The registration data must be deleted no later than three months after the validity period of the registration certificate has expired, unless there is a case under Section 9 Paragraph 2 or an order has been issued in accordance with Section 11 Paragraph 3. The recipients of personal data must be informed immediately about the deletion and their obligation to delete them.

(4) Personal data of prostitutes may not be passed on to non-public bodies. The permissibility of the transmission, processing and use of personal data of prostitutes in anonymous or pseudonymised form for research and statistical purposes is based on the relevant federal and state laws.

(5) Personal data subject to the earmarking according to paragraph 2 may be transmitted to public bodies, insofar as

1. knowledge of the data is required for measures pursuant to Section 7 or Section 9 (2),

2. knowledge of the data is necessary to avert a specific threat to public safety or significant disadvantages to the common good, or

3. knowledge of the data is required to fulfill the tasks under Section 2 or Section 5.

For the transfer of data within the competent public bodies, the transmission regulations according to sentence 1 apply accordingly. Under the conditions set out in sentence 1 number 1, transmission is also permissible to non-public bodies insofar as these have been entrusted by state law with the performance of tasks under this Act. The recipient may only process or use the transmitted data for the purpose for which they are or should be transmitted to him.

(6) The competent authority transmits the data from the registration to the authorities responsible for tasks under Section 2 or Section 5 at the registered places of work of the prostitute.

(7) In the context of health counseling, personal data of prostitutes may only be collected, processed and used for counseling purposes. They may only be transmitted to another location with the consent of the prostitute in accordance with the data protection regulations of the respective country.

(8) The competent authority has the tax office responsible according to § 19 paragraph 1 of the Fiscal Code immediately, if possible electronically, of the content of the registration according to § 3 with additional communication of the data according to § 4 paragraph 1 numbers 1, 2 and 4 as well as about the first issue of a permit to operate a prostitution business in accordance with Section 12, with notification of the data in accordance with Section 12 subsection 5 number 3. § 138 of the tax code remains unaffected.

(9) Transmission of the personal data collected under this law is only permitted if knowledge of the data is necessary to prosecute criminal or administrative offenses due to a violation of this law or if a special legal provision provides for this.

 

§ 35 federal statistics

(1) For the purposes of this law, annual surveys are carried out as federal statistics on the following facts:

1. issuance of a registration certificate,

2. refusal to issue a registration certificate,

3. extension of a registration certificate,

4. Application for a permit to operate a prostitution business,

5. Issuing a permit to operate a prostitution business,

6. refusal of permission to operate a prostitution business,

7. Advertisement of a prostitution event,

8. Notification of the installation of a prostitution vehicle,

9. Prohibiting the installation of a prostitution vehicle and

10. Withdrawal and revocation of a license to operate a prostitution business.

(2) There is an obligation to provide information for the survey. The authorities responsible for the perception of the facts mentioned in paragraph 1 are obliged to provide information.

(3) The competent authority may only transmit personal information to the statistical offices of the federal states in an anonymous form.

(4) For the purposes of these federal statistics, personal data may only be processed and used in an anonymous form.

 

Section 8. Miscellaneous Provisions

§ 36 ordinance authorization

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth can, in agreement with the Federal Ministry of Health and the Federal Ministry of Labor and Social Affairs and with the approval of the Federal Council, issue more detailed regulations by way of statutory ordinances

1. for more detailed determination of the minimum requirements for prostitution establishments and business establishments used for prostitution events required under Article 18 (1) and (2),

2. for more detailed determination of the minimum requirements for prostitution vehicles according to § 19 paragraphs 1 to 3 or

3for the more detailed determination of the requirements for the protection of the health and safety of prostitutes and third parties applicable to the operation of prostitution businesses according to § 24.

(2) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth can, in agreement with the Federal Ministry of the Interior and with the consent of the Bundesrat, issue more detailed regulations by way of statutory ordinances

1. to ensure the proper fulfillment of the obligation to register, including the use of forms to register an activity as a prostitute,

2. for the design of the registration certificate and alias certificate according to Section 6 paragraphs 1 and 2,

3. on the evidence and documents to be submitted by the applicant in accordance with Section 12 (5) or

4. to regulate the data transmission according to § 34.

(3) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of the Interior and with the consent of the Bundesrat, issues more detailed regulations for the keeping of federal statistics by statutory order. The ordinance also determines which data are to be transmitted to the statistical offices of the federal states as survey and auxiliary data for federal statistics.

Footnote: (+++ § 36: Comes into force in accordance with Art. 7 Para. 1 G of October 21, 2016 I, 2372 on October 28, 2016 +++)

 

§ 37 Übergangsregelungen

(1) Persons who were already engaged in prostitution before July 1, 2017 must register their activity by December 31, 2017 for the first time.

(2)Anyone who was already operating a prostitution business before July 1, 2017 must notify the competent authority by October 1, 2017 and submit an application for a permit by December 31, 2017. The competent authority must issue the operator with a certificate of the notification and the application.

(3) The operator of a prostitution business must comply with the obligations under Section 25 Paragraph 1 Number 4 and the existing obligations under Sections 27 and 28 from December 31, 2017.

(4) Until the decision on the application for a permit has been made, the continuation of the prostitution business is considered permitted if the application deadline according to paragraph 2 has been observed. The competent authority can issue orders and conditions pursuant to Section 17 even before the decision on the application is made. The continuation of the prostitution business can be prohibited under the conditions of Section 23 (2) and (3).

(5) For prostitution establishments that were already in operation before the day of the announcement, the authority may permit exceptions to the requirements under Section 18 subsection 2 numbers 2 and 4 to 7 when granting the permit if the fulfillment of these requirements would involve disproportionate effort and the interests of prostitutes and other persons worthy of protection are guaranteed in other ways.

(6) For persons over the age of 21 who are subject to registration and who register the activity for the first time by December 31, 2017, the first registration certificate is valid for three years, in derogation of Section 5 (4); § 5 paragraph 4 applies to the subsequent registration certificates.

(7)Persons over the age of 21 who are required to register and register the activity for the first time by December 31, 2017 must, in derogation of Section 10 (3), receive further health advice for the first time after two years; § 10 paragraph 3 applies to the subsequent health consultations.

(8) Persons aged 21 and over who are required to register and who register the activity for the first time by December 31, 2017 must, in derogation of Section 4 (4), provide evidence of health advice that was provided at least two years after the initial registration for the first extension of the registration certificate; § 4 paragraph 4 applies to the subsequent extensions.

 

§ 38 evaluation

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is evaluating the effects of this law on a scientific basis, taking into account practical experience and a scientific expert who is to be appointed in agreement with the German Bundestag. The evaluation will start on July 1, 2022. The evaluation report must be submitted to the German Bundestag by July 1, 2025 at the latest.