On July 1, 2017, the "Act on the Regulation of the Prostitution Industry and the Protection of Persons Engaged in Prostitution (Prostitutes Protection Act - ProstSchG)" came into force. Among other things, this law regulates the activities of commercial prostitution businesses and the organization of prostitution events by establishing licensing and notification requirements and regulating the framework conditions for practicing the profession.

With regard to the prostitution businesses falling within the scope of the Act, there is now a licensing requirement in addition to the notification requirement under Section 14 GewO.

Definition of the prostitution trade according to the ProstSchG:

"In principle, a "prostitution business" is operated by anyone who, for a fee, offers services in connection with the provision of sexual services by at least one other person on a commercial basis or provides premises for this purpose by

• operating a place of prostitution,
• provides a prostitution vehicle,
• organizes or carries out a prostitution event or
• operating a prostitution agency.

Residential brothels also fall under the Prostitution Protection Act. For example, if an apartment is made available to one or more persons for the purpose of prostitution (e.g. renting out), this apartment is considered a prostitution establishment.