Personal data and privacy
How personal data is protected in the context of sex work.
Data protection for workers
The personal data of sex workers is protected by the GDPR (General Data Protection Regulation) and by specific provisions in the law of 3 May 2024. Employers and platforms must comply with strict rules:
- Data collected for identity verification may only be used for that purpose (unless reported to the authorities in case of abuse).
- The photograph taken for verification purposes must be destroyed immediately after the checks have been completed.
- Platforms retain certain data for a maximum of 3 years, solely for the purposes of judicial investigations.
- The employer may not exercise camera surveillance in sex work spaces.
Data retained by platforms
The Royal Decree of 18 May 2024 defines precisely the categories of data that platforms may process:
- Identification data of advertisers and sexual service providers
- Data relating to the placement of the advertisement
- Maximum retention period: 3 years
In the event of a breach of data protection rules, the provider faces the sanctions provided for by the GDPR, in addition to the criminal penalties provided for by the Criminal Code.