Governance and oversight

Who monitors compliance with the law? Which inspectorates are competent? How do integrity investigations work?

1. Social inspections

The Royal Decree of 12 September 2024 designates the services competent to monitor compliance with the law of 3 May 2024 and to identify violations:

Labour Law Enforcement

Directorate-General of FPS Employment. Monitors compliance with employment contracts, wages, working conditions and employer obligations.

Well-being at Work

Directorate-General of FPS Employment. Monitors safety, hygiene and well-being conditions (rooms, panic button, person of reference). Also the designated service for post-accreditation inspections (art. 7, §3 of the law).

National Social Security Office

Monitors that social contributions are correctly calculated and paid for sex workers under employment contract.

Post-accreditation inspection: within 6 months of an employer's accreditation, inspectors carry out on-site checks at each business unit to verify that all conditions are met (Royal Decree of 20 October 2024, art. 8).

2. Municipal integrity investigations

The law of 15 January 2024 created a framework for integrity investigations at municipal level. Before authorising the operation of an establishment, the municipality may check whether there are risks of links to criminal activities (trafficking, pimping, money laundering).

The same law established the DEIPP (Directorate for Integrity Evaluation for Public Authorities) to coordinate these investigations and provide support to municipalities.

The mayor may take administrative police measures: closure of an establishment, placement of seals, imposition of a periodic penalty payment, in the event of a threat to public order or identification of offences.

3. Sanctions

The Social Criminal Code provides for sanctions at several levels for violations of the legal framework for sex work:

Level 1 — Administrative fine of €80 to €800
Level 2 — Criminal fine of €400 to €4,000 or administrative fine of €200 to €2,000
Level 3 — Criminal fine of €1,600 to €16,000 or administrative fine of €800 to €8,000
Level 4 — Imprisonment of 6 months to 3 years and/or criminal fine of €4,800 to €56,000, or administrative fine of €2,400 to €28,000

Additional sanctions: for level 3 and 4 offences, the court may prohibit the operator from carrying on the activity for 1 month to 3 years, or impose a professional ban. Fines are applied per victim.