Choosing between working independently and working with an agency is about more than money. It affects who controls your calendar, how visible you are to clients, and who ultimately carries legal responsibility. Both models can be legal — but they run on different rules.
Commission and the legal framework
Agencies fund themselves through a commission paid by the person they represent. In practice, press reporting places this share at 30 to 40 percent of the fee. Legally, this is only permissible when the commission is tied to an actual mediation service and billed transparently — a flat profit skim with no traceable basis is not. Once an agency goes beyond pure advertising and actively arranges appointments, sets prices, or handles bookings, it counts as a Prostitutionsgewerbe under Section 2(7) of the ProstSchG and needs a permit under Section 12 ProstSchG. A legitimate agency should be able to disclose this; when in doubt, it's worth asking directly whether they hold that permit.
Freedom from instruction and control
A key difference is who actually decides on appointments, prices and working conditions. If an agency only advises or supports, the work stays independent. If it dictates, in a binding way, when, with whom and under what terms someone works, that creates a dependency that can be classified as disguised employment (Scheinselbstständigkeit) under Section 7 of the Social Code (SGB IV) — with consequences for social insurance and taxes. In particularly controlling setups, this can even raise questions under Section 181a of the Criminal Code (exploitation through control). Freedom from instruction isn't a formality; it's the legal core of the distinction.
Visibility and dependency
Working independently means building your own visibility online — it takes longer, but stays entirely in your own hands. Starting through an agency often means benefiting from an existing client base and ready-made marketing channels, but also depending on them: leaving frequently means starting over. Anyone planning long-term should ask how easily their own visibility could be separated from the agency if the arrangement ends.
Registration stays a personal duty
Regardless of the model chosen, registration under the ProstSchG (registration certificate, health counselling) and tax registration remain a personal duty of the individual — no agency can take this over or replace it. Even someone working through an agency must complete these formalities themselves and keep the corresponding proof.
Switching between models
Many start through an agency to gain security and initial contacts more quickly, then move to full independence once they've built their own visibility online and can set their own prices. The reverse path is just as common, often to hand off administrative work. Switching is legally straightforward as long as existing contracts (notice periods, exclusivity clauses) are respected.
Frequently asked questions
Is an agency automatically illegal?
No. An agency is legal if it either operates as a pure advertising platform without arranging appointments, or holds the required permit under Section 12 ProstSchG as a Prostitutionsgewerbe. It becomes a problem only when it acts as a booking agency without holding that permit.
Can I switch between models at any time?
Generally yes. It's worth checking any existing contract first for notice periods and exclusivity clauses. Personal registration under the ProstSchG remains valid regardless of which working model you use.