The Prostitution Law (ProstG)

In 2002 prostitution became a legally recognised occupation and no longer immoral in the eyes of the law. Brothels were tolerated before, but are now legal. Sex workers’ social and legal security was to be improved through the ProstG and the first steps taken towards destigmatisation. Sex workers finally received rights.

Paragraph 1:

Any sexual activity performed in exchange for an agreed upon financial compensation is a legally recognised transaction. Likewise, any person who makes him/herself available for sexual activity for a previously agreed upon financial compensation, particularly within the context of an employment relationship, engages in a legally recognised transaction.

Paragraph 2:

The claim cannot be ceded and can only be made in one’s own name. The claim may only be refuted due to a fully (Paragraph 1, Part 1) or partially (Paragraph 1, Part 2) incomplete fulfilment of the service within the agreed upon time frame of the service. All other refutations are rules out, with the exception of the failure of fulfilment according to Paragraph 362 of the Civil Code or a plea of the statute of limitations.

What does this mean?

We can sue our clients if they fail to pay us. Only the sex worker can file a claim in her/his own name and may not be represented by someone else.

Why did they come up with this clause? It is assumed that most of us have a pimp who controls our earnings, so the idea behind this clause is to ensure that the sex worker, rather than the pimp, will receive the financial compensation from the claim.

Paragraph 3:

Prostitutes may enter an employment relationship, with limited managerial authority, subject to social security law.out, with the exception of the failure of fulfilment according to Paragraph 362 of the Civil Code or a plea of the statute of limitations.

Prostitutes Protection Law (ProstSchG)

The driving assumption behind the ProstSchG is that sex workers are victims and need protection. As a result, our rights have become limited and replaced by obligations. These include mandatory health counselling, registration and condom usage. Registration is only possible if you are legally allowed to work in Germany. Brothel owners may only allow registered sex workers to work in their venues.

The new regulations for our workplaces do not correspond with the needs of our business and will only result in the closure of many good workplaces. Here you can find several questions and answers regarding the ProstSchG and here you can report problems with the ProstSchG.

Who does this law affect:

Everyone who offers any kind of sexual and erotic service to physically present others in exchange for money. This includes brothel and street workers as well as escorts, BDSM providers, tantric and erotic massage providers, regardless of how much time is committed to sex work.

Sex work business operators include all venue owners (ie: brothels, tantra massage studios), sex work event organisers, and all intermediary service operators (ie: escort agencies).

If two sex workers share an apartment for work, then this counts as a type of brothel and requires a permit.

For sex workers:

For sex work venue operators (including apartment brothels):