New Law: What Changes for Sex Workers

New Law: What Changes for Sex Workers

Since January 2024, a new law has introduced additional rules for economic activities considered sensitive, including sex work (prostitution, escorts, window prostitution, brothels, agencies, etc.). This law aims to combat organized crime and protect public order, but it also has concrete consequences for sex workers and their employers.

What is an "Integrity Check"?

Before opening or operating a business related to sex work (such as a salon, window, escort agency, brothel), the municipality may require an integrity check. This check is intended to ensure that the establishment is not being used for criminal activities (such as human trafficking, pimping, money laundering, etc.).

• The check concerns the person or people who manage or operate the establishment, and sometimes also those who finance or control the activity.
• It may also apply to agencies or employers offering escort or prostitution services.
• The municipality consults various databases (police, justice, finance, social inspection, etc.) to verify the absence of links to serious offences.

Who is Affected?

• Anyone wishing to open or operate a place where sex work is carried out (salon, window, agency, etc.).
• Independent sex workers who want to rent a space in an establishment may also be affected if they are considered operators or involved in management.
• Employers, agencies, or anyone who finances or controls the activity.

How Does the Check Work?

• The municipality initiates the check by decision of the mayor.
• It generally lasts 50 working days (extendable by 30 days).
• The municipality consults a central register, the police, the justice system, finance authorities, social inspection, etc.
• If doubts remain, the municipality may request the opinion of a Special Directorate (DEIPP), which assesses risks and provides a non-binding opinion.
• The person concerned has the right to be heard and to defend themselves before any negative decision is made.

What Are the Possible Consequences?

• If the check reveals a serious risk of criminal activity (such as trafficking, pimping, money laundering, exploitation of minors, etc.), the municipality may:
• Refuse the opening or operation of the establishment.
• Withdraw or suspend the operating permit (for up to 6 months).
• Close the establishment.
• The decision must be justified and notified to the person concerned, who may appeal.
• Closure or withdrawal of the permit can only occur if serious facts are established or if there are strong indications.

What Are Your Rights?

• You have the right to be informed and to present your side before any negative decision.
• You may request a new check if your situation changes (for example, if you change partners or financiers).
• You may request an integrity check on your own initiative if you wish to open a new establishment or start an activity in the sector.
• You can appeal the municipality's decision within 15 days of notification.

Data Protection and Confidentiality

• All information collected during the check is confidential and may only be used for this procedure.
• Only authorized persons in the municipality or DEIPP can access your data.
• Data is kept for a maximum of 5 years, then destroyed.

Key Points to Remember

• Before opening or working in a sex work establishment, an integrity check may be required.
• This check aims to protect against crime, but it can also lead to refusal or closure if links to serious offences are found.
• You have rights: to be heard, to defend yourself, to appeal, and to request a new check.
• Your data is protected and confidential.

Advice: If you wish to open an establishment or work in the sex industry, contact your municipality about the integrity check procedure and prepare the necessary documents (identity, proof of no serious convictions, etc.). If you have doubts or difficulties, do not hesitate to consult a specialized association or a lawyer.