Prostitution Laws

EU and international law

The EU has no common law on prostitution; each country decides. But European rules on online platforms, trafficking and child protection reach every sex worker who advertises online.

EU · proposal · In negotiation · updated 30 October 2026

CSA Regulation ('chat control')

Proposal for a Regulation laying down rules to prevent and combat child sexual abuse, COM(2022) 209 (2022/0155(COD)), and the interim ePrivacy derogation

The Commission proposed the CSA Regulation in May 2022. It would oblige hosting and interpersonal-communication services to assess and mitigate the risk of child sexual abuse, allow removal, blocking and delisting orders, and set up an EU Centre. As proposed, it also allowed detection orders that could require scanning of private messages. Parliament adopted its mandate in November 2023 and the Council in November 2025. The Council text deletes mandatory detection and makes voluntary scanning permanent. Six trilogues to 29 September 2026 produced no agreement on private-message scanning. The interim derogation (Reg. 2021/1232, extended to 3 April 2026) lapsed when no extension was agreed in time. It was re-enacted as Reg. (EU) 2026/1881, applying until 3 April 2028 and excluding end-to-end encrypted communications.

Why it matters: The proposal is about child sexual abuse, not adult prostitution, but it would apply to the same services. Adult ad and classifieds sites are hosting services, and many offer in-site messaging. They would have to carry out CSA risk assessments and take mitigation measures. The Council text names age verification among these and adds privacy safeguards for it. They would also be subject to removal and blocking orders, and possibly to detection orders for publicly accessible content. The fight over scanning private messages decides whether chats between clients and sex workers on any covered service could be scanned automatically, and how far such scanning would reach.

The two instruments

  1. The interim derogation ('chat control 1.0'). Regulation (EU) 2021/1232 allowed providers of number-independent interpersonal communication services (webmail, messaging) to voluntarily scan for child sexual abuse material and grooming, despite the ePrivacy Directive's confidentiality rules. It originally ran to 3 August 2024. Regulation (EU) 2024/1307 extended it to 3 April 2026. The Commission proposed a further extension to 3 April 2028 on 19 December 2025, but the co-legislators did not agree in time, and the derogation expired on 3 April 2026 (recital 12 of Reg. 2026/1881). It was replaced by Regulation (EU) 2026/1881 of 24 July 2026 (OJ 28 July 2026, in force on the third day after publication). That regulation applies until 3 April 2028, excludes audio communications and does not apply to communications to which end-to-end encryption 'is, has been or will be applied' (Art. 1(2)-(3)). It went through a second reading: Parliament's position of 26 March 2026, the Council's first-reading position of 2 July 2026, then Parliament on 9 July and the Council on 22 July. For roughly four months in 2026, no derogation was in force.

  2. The permanent CSA Regulation ('chat control 2.0').

    • Commission proposal (11 May 2022): risk assessment and mitigation for hosting and interpersonal-communication services (Arts 3-4), detection orders issued by a judicial or independent administrative authority (Art. 7), removal and blocking orders, and an EU Centre.
    • Parliament mandate: LIBE report adopted on 14 November 2023 (rapporteur Javier Zarzalejos, EPP); the decision to enter negotiations was confirmed on 22 November 2023.
    • Council partial mandate (Presidency note of 13 November 2025): deletes the detection-obligation articles (Arts 7-11). Recital 17a states that nothing in the Regulation imposes detection obligations. It introduces high, medium and low risk categories, keeps voluntary scanning under the derogation as a possible mitigation measure, and makes that derogation permanent. It adds privacy safeguards for age verification and age assessment (Art. 6(1)(c), recital 16a) and a review within three years on whether detection obligations should be added. The seat of the EU Centre is left out.
    • Trilogues: six political trilogues between December 2025 and 29 September 2026. After the sixth, rapporteur Zarzalejos announced agreement on the EU Centre's tasks, and press reports describe provisional deals on removal and blocking orders, risk assessment and detection in publicly accessible content. Scanning of private communications remained unresolved: the Council pushes 'search plans', while Parliament wants scanning limited to persons linked to abuse. According to the Digitale Gesellschaft, this was the second missed target for a final deal, after 29 June 2026.

Unverified: the date of the next trilogue, and the exact content of the provisional agreements. These come from press and advocacy reporting (netzpolitik.org, Patrick Breyer, Digitale Gesellschaft), not from an official joint text.

Next: Seventh political trilogue. As of 30 October 2026 neither the Council nor the Parliament had announced a date. Patrick Breyer's tracker lists 8 December 2026, after earlier expecting November. The Irish Council presidency ends on 31 December 2026. The interim Regulation (EU) 2026/1881 applies until 3 April 2028.

  • 14 July 2021 Interim Regulation (EU) 2021/1232 adopted, allowing voluntary detection in messaging services until 3 August 2024.
  • 11 May 2022 Commission proposes the CSA Regulation, COM(2022) 209, including detection orders.
  • 22 November 2023 Parliament confirms its mandate to negotiate, based on the LIBE report of 14 November 2023 (rapporteur Javier Zarzalejos).
  • 29 April 2024 Regulation (EU) 2024/1307 extends the interim derogation to 3 April 2026.
  • 13 November 2025 Presidency submits the Council's partial negotiating mandate: no detection obligations, voluntary scanning made permanent, risk categorisation of services.
  • 9 December 2025 First political trilogue (per Breyer's tracker).
  • 3 April 2026 Interim derogation expires after the co-legislators fail to agree an extension in time.
  • 24 July 2026 Regulation (EU) 2026/1881 adopted, re-establishing the voluntary derogation until 3 April 2028, excluding end-to-end encrypted and audio communications; published 28 July 2026.
  • 29 September 2026 Sixth trilogue ends without agreement on scanning of private communications; agreement on the tasks of the EU Centre.
  1. Proposal for a Regulation of the European Parliament and of the Council laying down rules to prevent and combat child sexual abuse, COM(2022) 209 final, 2022/0155(COD). European Commission (EUR-Lex), 11 May 2022. Accessed 30 October 2026
  2. Proposal for a Regulation laying down rules to prevent and combat child sexual abuse: Partial mandate for negotiations with the European Parliament (ST 15318/25). Council of the European Union, 13 November 2025. Accessed 30 October 2026
  3. Regulation (EU) 2021/1232 of the European Parliament and of the Council of 14 July 2021 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse. Official Journal of the European Union (EUR-Lex), 30 July 2021. Accessed 30 October 2026
  4. Regulation (EU) 2024/1307 of the European Parliament and of the Council of 29 April 2024 amending Regulation (EU) 2021/1232. Official Journal of the European Union (EUR-Lex), 14 May 2024. Accessed 30 October 2026
  5. Regulation (EU) 2026/1881 of the European Parliament and of the Council of 24 July 2026 on a temporary derogation from certain provisions of Directive 2002/58/EC as regards the use of technologies by providers of number-independent interpersonal communications services for the processing of personal and other data for the purpose of combating online child sexual abuse. Official Journal of the European Union (EUR-Lex), 28 July 2026. Accessed 30 October 2026
  6. Chatkontrolle-Verhandlungen: EU-Staaten und Parlament weiter uneins. netzpolitik.org, 1 October 2026. Accessed 30 October 2026
  7. Chatkontrolle: Trilogverhandlungen erneut gescheitert. Digitale Gesellschaft e.V., 30 September 2026. Accessed 30 October 2026
  8. Chat Control 2.0 Trilogue Update: No mass scanning deal for now, European Parliament stands firm against 'Search Plans'. Patrick Breyer (former MEP, Pirate Party), 30 September 2026. Accessed 30 October 2026
  9. Chat Control: The EU's CSAM scanner proposal. Patrick Breyer (former MEP, Pirate Party). Accessed 30 October 2026

EU · regulation · In force · updated 30 October 2026

Digital Services Act (DSA)

Regulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act)

The DSA is the EU's horizontal rulebook for intermediary services. It keeps the e-Commerce Directive's hosting safe harbour (Art. 6) and the ban on general monitoring obligations (Art. 8), and adds due-diligence duties: notice-and-action mechanisms for any hosting service (Art. 16), statements of reasons, trusted flaggers (Art. 22), orders from national authorities (Art. 9), a duty to report suspected offences threatening life or safety (Art. 18), protection of minors on online platforms (Art. 28), and systemic-risk duties for very large online platforms with 45 million or more EU users (Arts 33-35), enforced by the Commission with fines of up to 6 % of worldwide turnover (Art. 74). It has applied in full since 17 February 2024. The DSA does not define what content is illegal: that is left to Union law and the national law of each Member State.

Why it matters: For prostitution advertising the key point is Art. 3(h): 'illegal content' is whatever Union law or the law of any Member State makes illegal, including information relating to the provision of services. An escort advertisement that is lawful in Germany or the Netherlands can therefore be illegal content in France, Ireland or Sweden, where advertising or facilitating paid sex is an offence, and a notice from those countries can trigger the hosting provider's knowledge-and-removal duty. Ad sites are hosting services, and usually online platforms, so they need a notice-and-action channel and must give reasons when they remove ads. Adult video platforms that reach the VLOP threshold carry the heaviest duties, and the Commission is using them as the test case for mandatory age verification.

How it applies to adult advertising

  • Liability. A hosting provider is not liable for user content if it has no actual knowledge of illegal content, or removes it expeditiously once it does (Art. 6(1)). The exemption does not apply where the user acts under the provider's authority or control (Art. 6(2)), which matters for sites that write or curate the ads themselves. National criminal law on procuring or advertising stays fully applicable: the DSA decides when a host loses its safe harbour, not whether an ad is lawful.
  • No general monitoring (Art. 8). Member States cannot impose a general duty to monitor or to search for illegal activity.
  • Notice and action (Art. 16). Every hosting provider must offer an electronic mechanism for anyone to flag specific items they consider illegal. A sufficiently precise notice can give the provider actual knowledge for Art. 6. Notices from designated trusted flaggers get priority (Art. 22).
  • Orders (Art. 9). National judicial or administrative authorities can order removal of specific items, citing the national provision that makes them illegal.
  • Suspected crimes (Art. 18). A host that becomes aware of information suggesting a criminal offence involving a threat to someone's life or safety must inform the authorities. This can include indicators of trafficking.
  • Minors (Art. 28). Online platforms accessible to minors must ensure a high level of privacy, safety and security. Micro and small enterprises are exempt unless designated as VLOPs (Art. 19). The Commission's 2025 Art. 28 guidelines treat an adult platform whose terms bar under-18s as 'accessible to minors' unless it has effective access controls, and recommend age verification for pornographic content (see the age-verification entry).
  • VLOPs (Arts 33-35). Platforms with at least 45 million average monthly EU users must assess and mitigate systemic risks, including the dissemination of illegal content and risks to minors. Recital 87 singles out VLOPs 'primarily used for the dissemination to the public of pornographic content' for rapid handling of notices about non-consensual intimate material.

Adult platforms under Commission supervision

Pornhub, Stripchat and XVideos were designated VLOPs on 20 December 2023 and XNXX on 10 July 2024. The Commission terminated Stripchat's designation on 27 May 2025, the same day it opened formal proceedings against all four. On 26 March 2026 it issued preliminary findings that the four had not properly assessed or mitigated the risks to minors. It found that one-click 'I am over 18' self-declaration, page blurring and warning labels are not effective, and said privacy-preserving age verification is needed. It also reported a coordinated action by national Digital Services Coordinators against smaller pornographic platforms. As of 30 October 2026 we found no final non-compliance decision against any of the four. The Commission's DSA fines so far concern other platforms (X, Temu, AliExpress, according to the EU Law Analysis tracker).

Limits

The DSA does not harmonise prostitution or advertising law, and does not require general filtering. For a classifieds site, its practical effect is procedural: who can notify, how fast it must react, what it must tell the advertiser, and when it loses immunity. Whether an ad is unlawful still depends on the country where the content is accessed or targeted.

Next, 17 November 2027: Commission evaluation of the DSA due by 17 November 2027 (Art. 91(2)). Separately, possible non-compliance decisions against Pornhub, XVideos, XNXX and Stripchat after the March 2026 preliminary findings; no date announced.

  • 19 October 2022 Regulation (EU) 2022/2065 adopted; published in OJ L 277 on 27 October 2022.
  • 16 November 2022 Entry into force; VLOP designation provisions apply from this date (Art. 93).
  • 20 December 2023 Pornhub, Stripchat and XVideos designated as very large online platforms.
  • 17 February 2024 The DSA applies in full to all intermediary services (Art. 93(2)).
  • 10 July 2024 XNXX designated as a very large online platform.
  • 27 May 2025 Commission opens formal proceedings against Pornhub, Stripchat, XNXX and XVideos over the protection of minors; the same day it adopts a decision ending Stripchat's VLOP designation.
  • 14 July 2025 Commission presents guidelines on the protection of minors under Art. 28 (published in the OJ as C/2025/5519 on 10 October 2025).
  • 26 March 2026 Commission preliminarily finds Pornhub, Stripchat, XNXX and XVideos in breach of the DSA for letting minors access pornographic content; self-declaration of age judged ineffective.
  1. Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act). Official Journal of the European Union (EUR-Lex), 27 October 2022. Accessed 30 October 2026
  2. Supervision of the designated very large online platforms and search engines under DSA. European Commission, Shaping Europe's digital future. Accessed 30 October 2026
  3. Commission preliminarily finds PornHub, Stripchat, XNXX and XVideos in breach of the Digital Services Act for allowing minors to access their services (IP/26/722). European Commission, 26 March 2026. Accessed 30 October 2026
  4. Communication from the Commission: Guidelines on measures to ensure a high level of privacy, safety and security for minors online, pursuant to Article 28(4) of Regulation (EU) 2022/2065 (C/2025/5519). Official Journal of the European Union (EUR-Lex), 10 October 2025. Accessed 30 October 2026
  5. Digital Services Act: summary and links. EU Law Analysis (blog). Accessed 30 October 2026

Council of Europe · case-law · Adopted · updated 30 October 2026

ECtHR M.A. and Others v. France (2024)

M.A. and Others v. France, nos. 63664/19 and 4 others, judgment of 25 July 2024 (final 16 December 2024)

261 people who sell sex in France challenged the general criminalisation of buying sexual acts introduced by Law no. 2016-444 of 13 April 2016 (Arts 611-1 and 225-12-1 of the Penal Code). They argued that it endangers their physical and mental health and safety, and interferes with their private life, personal autonomy and sexual freedom. The Court (Fifth Section) examined all complaints under Article 8 and unanimously found no violation. It accepted that the law interferes with the applicants' private life. But given the lack of European consensus on how to approach prostitution and deep disagreement over whether criminalising clients reduces trafficking, France had a wide margin of appreciation and struck a fair balance. The Court added that national authorities must keep the approach under constant review. The judgment became final on 16 December 2024.

Why it matters: It is the leading Strasbourg ruling on prostitution policy. It means that the Convention neither requires nor forbids a purchase ban: Council of Europe states keep a wide margin of appreciation to choose criminalisation of clients, regulation or decriminalisation. It closes off the Article 8 route against neo-abolitionist laws for now, but the duty to keep the law under review (§ 167) leaves room for future challenges based on evidence of its effects. The judgment does not address advertising or online platforms.

Case: five joined applications (63664/19, 64450/19, 24387/20, 24391/20, 24393/20) lodged on 6 December 2019. The applicants were 261 men and women who said they lawfully sell sex in France. They relied on Articles 2, 3 and 8. The applications were declared admissible on 27 June 2023. The Court decided not to relinquish to the Grand Chamber.

Domestic background: the Conseil constitutionnel had upheld the purchase offence on 1 February 2019 (decision no. 2018-761 QPC), and the Conseil d'État rejected the applicants' challenge on 7 June 2019.

Reasoning (summary)

  • The Court chose to examine everything under Article 8, including the health and safety consequences that might raise issues under Articles 2 and 3.
  • The purchase ban interferes with the applicants' right to respect for private life, personal autonomy and sexual freedom.
  • There is no European or international consensus on the best way to deal with prostitution, and deep divergence on whether criminalising clients helps fight trafficking. The Court summarised positions ranging from the UN Special Rapporteur on contemporary slavery, who supports full decriminalisation, to the UN Special Rapporteur on violence against women, who supports the French law. This gives France a wide margin.
  • Parliament examined the issue carefully, and the 2016 law is a global scheme with four strands: removing provisions that encourage prostitution without banning it, protecting people who sell sex, including by punishing sexual exploitation, prevention, and exit support.
  • § 167: authorities must keep under constant review an approach 'based on a general and absolute prohibition of the purchase of sexual acts', adjusting it to developments in European societies and international standards and to its effects in practice.

Operative part: no violation of Article 8, unanimously. Chamber: Lado Chanturia (President), Mārtiņš Mits, Stéphanie Mourou-Vikström, María Elósegui, Kateřina Šimáčková, Stéphane Pisani; Catherine Brouard-Gallet sat as judge ad hoc. The authentic text is French.

  • 13 April 2016 French Law no. 2016-444 criminalises the purchase of sexual acts.
  • 1 February 2019 French Conseil constitutionnel upholds the purchase offence (decision no. 2018-761 QPC).
  • 6 December 2019 Applications lodged with the European Court of Human Rights.
  • 27 June 2023 Applications declared admissible and joined.
  • 25 July 2024 Chamber judgment: no violation of Article 8, unanimously.
  • 16 December 2024 Judgment becomes final under Article 44 § 2 of the Convention.
  1. Affaire M.A. et autres c. France (requêtes nos 63664/19 et 4 autres), arrêt (fond) du 25 juillet 2024. European Court of Human Rights (HUDOC), 25 July 2024. Accessed 30 October 2026

EU · resolution · Non-binding · updated 30 October 2026

EP resolution on prostitution (Noichl report, 2023)

European Parliament resolution of 14 September 2023 on the regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women's rights (2022/2139(INI))

An own-initiative resolution based on a report of the Committee on Women's Rights and Gender Equality (A9-0240/2023), rapporteur Maria Noichl (S&D, DE). It was adopted on 14 September 2023 by 234 votes to 175, with 122 abstentions. It frames prostitution and trafficking as linked and says the patchwork of national laws benefits traffickers. It calls on Member States to make obtaining a sexual act for remuneration a criminal offence (para. 41), and to criminalise exploiting another person's prostitution even with consent (para. 42), while decriminalising people who sell sex (para. 38). It urges action against online advertising that encourages prostitution (para. 19), and asks the Commission for common EU guidelines on the fundamental rights of people who sell sex (para. 21). It is not binding, and prostitution law remains a national competence.

Why it matters: It is the European Parliament's most recent statement of its political line on prostitution. Para. 19 targets the advertising channel directly. It calls on Member States to take 'urgent measures to tackle online advertisement and contact facilitation' that encourage prostitution or seek to attract buyers. Para. 21 asks for an EU-wide study of measures, including 'a general ban on advertisement for prostitution'. Neither creates legal obligations for ad sites, but they signal the direction of EU-level pressure.

Key operative paragraphs (numbering of the text published in the OJ, C/2024/1767)

  • Para. 13: points to what it calls the negative consequences of decriminalising pimping and the purchase of sex.
  • Para. 19: urges Member States to tackle online advertisement and contact facilitation that directly or indirectly encourage prostitution or seek to attract buyers, including 'sugar daddy' arrangements targeting students.
  • Para. 21: notes that some Member States legalised all facets of prostitution, and considers that this did not bring the intended improvements. It asks the Member States and the Commission to collect data for a study of national measures, focusing on banning the purchase of sex (in general, from people under 21, from pregnant people and in street settings) and on a general ban on advertising for prostitution. It asks the Commission to develop common EU guidelines guaranteeing the fundamental rights of 'people in prostitution' (the resolution's term).
  • Para. 38: calls for prevention, decriminalisation of people who sell sex, demand reduction, punishment of clients and exit programmes.
  • Paras 41-42: call on Member States to make it a criminal offence to 'solicit, accept or obtain a sexual act' for remuneration or a benefit in kind, and to exploit another person's prostitution even with that person's consent.

What it is not

An INI resolution has no legal effect. According to Human Rights Watch, the plenary split the votes and removed language calling for an EU-wide approach based on the 'Nordic/Equality model'. The adopted text still includes the purchase-ban call in para. 41. Recital AF itself states that the model 'is not a fix-all solution'. More MEPs voted against or abstained (297) than voted in favour (234).

Context

It follows the Parliament's 26 February 2014 resolution on sexual exploitation and prostitution (2013/2103(INI)). The European Court of Human Rights cited both texts in M.A. and Others v. France (2024). We did not find a Commission proposal for the requested EU guidelines; that is not verified.

  • 26 February 2014 Earlier European Parliament resolution on sexual exploitation and prostitution and its impact on gender equality (2013/2103(INI)).
  • 14 September 2023 Plenary adopts the Noichl resolution by 234 votes to 175, with 122 abstentions.
  • 22 March 2024 Text published in the Official Journal C series as C/2024/1767.
  1. P9_TA(2023)0328 Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women's rights. European Parliament resolution of 14 September 2023 (2022/2139(INI)) (C/2024/1767). Official Journal of the European Union (EUR-Lex), 22 March 2024. Accessed 30 October 2026
  2. Reduce demand and protect people in prostitution, say MEPs. European Parliament Press Room, 14 September 2023. Accessed 30 October 2026
  3. Regulation of prostitution in the EU: its cross-border implications and impact on gender equality and women's rights (2022/2139(INI)), summary of text adopted. European Parliament Legislative Observatory (OEIL). Accessed 30 October 2026
  4. EU: Harmful 'Prostitution' Resolution Passes. Human Rights Watch, 18 September 2023. Accessed 30 October 2026
  5. Affaire M.A. et autres c. France (requêtes nos 63664/19 et 4 autres), arrêt du 25 juillet 2024. European Court of Human Rights (HUDOC), 25 July 2024. Accessed 30 October 2026

EU · directive · In force · updated 30 October 2026

EU age verification (AVMSD, DSA Art. 28 guidelines)

Age verification for adult content in EU law: AVMSD Articles 6a and 28b (Directive (EU) 2018/1808), the DSA Article 28 guidelines on minors (C/2025/5519) and the EU age-verification blueprint and Recommendation C(2026) 4225

Three layers combine. (1) The Audiovisual Media Services Directive, as amended in 2018, requires the 'strictest measures' for the most harmful content, 'such as gratuitous violence and pornography' (Art. 6a). Video-sharing platforms must take measures that include age verification systems for content that may impair minors (Art. 28b(3)(f)), whatever their size. (2) Under the DSA, the Commission's Article 28 guidelines (presented on 14 July 2025; OJ C/2025/5519) treat self-declaration as inadequate and recommend age verification for access to any pornographic content. They are the benchmark used against Pornhub, Stripchat, XNXX and XVideos in March 2026. (3) The Commission's open-source age-verification blueprint and app, and Recommendation C(2026) 4225 of 29 April 2026, ask each Member State to offer a privacy-preserving EU age-verification solution by 31 December 2026.

Why it matters: Adult sites in the EU are moving from 'click to confirm you are 18' to verified age checks. Video-sharing platforms hosting adult content already have an AVMSD duty, and adult online platforms are judged against the Art. 28 guidelines. The guidelines say an adult platform whose terms exclude under-18s is still 'accessible to minors' unless it has effective access controls. Prostitution advertising sites that are online platforms and not micro or small enterprises fall within Art. 28(1). Where they carry explicit imagery, the guidelines' recommendation of age verification for 'any type of pornographic content' is directly relevant. The EU solution is designed to tell a site only that a user is over 18, without revealing identity.

1. AVMSD (Directive 2010/13/EU as amended by Directive (EU) 2018/1808)

  • Art. 6a(1): audiovisual media services that may impair minors must be made available so that minors 'will not normally hear or see them'. Measures may include age verification tools. 'The most harmful content, such as gratuitous violence and pornography, shall be subject to the strictest measures.'
  • Art. 28b(1)(a) and (3)(f): video-sharing platforms must protect minors from content that may impair them, including by 'establishing and operating age verification systems'. The Art. 28 DSA guidelines (footnote 9) point out that this AVMSD duty applies to all video-sharing platforms, including micro and small enterprises, which the DSA's Art. 28 exempts.
  • Transposition was due by 19 September 2020. A review is under way: the public consultation ran from 10 February to 1 May 2026, with 'strengthening the protections of minors on video-sharing platforms' among its priorities. As of 30 October 2026 we found no Commission proposal; the Art. 33 deadline is 19 December 2026.

2. DSA Article 28 guidelines (C/2025/5519)

  • Scope: online platforms accessible to minors, except micro and small enterprises not designated as VLOPs (Art. 19 DSA).
  • Platforms that restrict adult content to over-18s in their terms are still 'accessible to minors' if they have no effective measures to keep minors out.
  • Age verification is recommended where risks to minors are high and cannot be mitigated by less restrictive means, expressly including 'access to any type of pornographic content', and where terms require users to be 18 or over.
  • Self-declaration 'is not considered to be an appropriate age-assurance measure'.
  • Anonymised age tokens should be issued by an independent third party rather than the platform, 'especially when it offers access to adult content'. The EU Digital Identity Wallet and the EU blueprint are named as reference standards.
  • The guidelines are not binding in themselves, but the Commission uses them as the benchmark for Art. 28(1). It did so in its 26 March 2026 preliminary findings, holding that one-click self-declaration, blurring and warning labels were ineffective. It also said it would review them within 12 months.

3. Blueprint, app and Recommendation

  • First version of the white-label blueprint released on 14 July 2025, with Denmark, Greece, Spain, France and Italy as front-runners. The Commission describes the solution as feature-ready since 15 April 2026.
  • Recommendation C(2026) 4225 of 29 April 2026 (non-binding, Art. 292 TFEU): Member States should submit implementation plans by 30 June 2026 and make an EU age-verification solution available by 31 December 2026, in the EU Digital Identity Wallet or as a standalone app, or both. Its first recital names 'pornographic or gambling content' as examples of age-restricted content online.
  • Using the EU app is not itself mandatory for sites or users. Whether a given site must verify age follows from the DSA, the AVMSD and national law (see the country profiles).

The Commission's age-verification page also reports a September 2026 proposal (the 'EU KIDS Act') setting 15 as the minimum age for an independent social-media account. It is outside the adult-content scope here and not analysed.

Next, 19 December 2026: The Commission's ex-post evaluation of the AVMSD, with any review proposal, is due by 19 December 2026 (Art. 33). The Recommendation asks Member States to make an EU age-verification solution available by 31 December 2026.

  • 14 November 2018 Directive (EU) 2018/1808 amends the AVMSD, adding Art. 6a (strictest measures for pornography) and Art. 28b (video-sharing platforms, age verification).
  • 19 September 2020 AVMSD transposition deadline.
  • 14 July 2025 Commission presents the DSA Art. 28 guidelines on the protection of minors and the first version of the EU age-verification blueprint.
  • 10 October 2025 Art. 28 guidelines published in the Official Journal (C/2025/5519).
  • 10 February 2026 Commission opens public consultation on the AVMSD review (until 1 May 2026).
  • 26 March 2026 Commission's preliminary findings against Pornhub, Stripchat, XNXX and XVideos apply the Art. 28 guidelines: self-declaration is ineffective and age verification is needed.
  • 15 April 2026 EU age-verification solution described by the Commission as feature-ready.
  • 29 April 2026 Commission Recommendation C(2026) 4225 on a common framework for EU-wide age-verification technologies.
  • 30 June 2026 Deadline in the Recommendation for Member States' implementation plans.
  1. Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU (Audiovisual Media Services Directive) in view of changing market realities. Official Journal of the European Union (EUR-Lex), 28 November 2018. Accessed 30 October 2026
  2. Communication from the Commission: Guidelines on measures to ensure a high level of privacy, safety and security for minors online, pursuant to Article 28(4) of Regulation (EU) 2022/2065 (C/2025/5519). Official Journal of the European Union (EUR-Lex), 10 October 2025. Accessed 30 October 2026
  3. Commission presents guidelines and age verification app prototype for a safer online space for children (IP/25/1820). European Commission, 14 July 2025. Accessed 30 October 2026
  4. The EU approach to age verification. European Commission, Shaping Europe's digital future. Accessed 30 October 2026
  5. Commission Recommendation of 29.4.2026 on establishing a common framework for EU wide Age Verification technologies, C(2026) 4225 final (Council doc. 8985/26). European Commission / Council of the European Union, 29 April 2026. Accessed 30 October 2026
  6. Commission seeks feedback on review of audiovisual media legislation. European Commission, Shaping Europe's digital future, 10 February 2026. Accessed 30 October 2026
  7. Commission preliminarily finds PornHub, Stripchat, XNXX and XVideos in breach of the Digital Services Act for allowing minors to access their services (IP/26/722). European Commission, 26 March 2026. Accessed 30 October 2026

Council of Europe · resolution · Non-binding · updated 30 October 2026

PACE Resolution 1983 (2014)

Parliamentary Assembly of the Council of Europe, Resolution 1983 (2014): Prostitution, trafficking and modern slavery in Europe

Adopted by the Parliamentary Assembly of the Council of Europe on 8 April 2014. The resolution treats trafficking and prostitution as distinct but closely linked phenomena, citing an estimate that 84 % of trafficking victims in Europe are forced into prostitution, and so considers prostitution law an essential anti-trafficking tool. It acknowledges that national approaches range from legalisation to criminal sanctions, and that a single model suitable for all member states is hard to propose. It holds that human rights should be the main criterion. Whatever the model, sex workers should be able to work in dignity where prostitution is legal or tolerated. Its first recommendation (para. 12.1.1) calls on member states to consider criminalising the purchase of sexual services, based on the Swedish model, as the most effective tool against trafficking.

Why it matters: It is the Council of Europe's main political text on prostitution, addressed to all member states, not only the EU, and it recommends a Swedish-style purchase ban. The European Court of Human Rights quoted it in M.A. and Others v. France (2024) as part of the international material showing that there is no consensus, while still upholding France's purchase ban. It is a recommendation to governments and creates no obligations, including none for advertising or platforms.

Passages confirmed (as quoted, in French, in § 62 of M.A. and Others v. France, ECtHR, 25 July 2024)

  • Para. 3: trafficking and prostitution are distinct but closely linked; an estimated 84 % of trafficking victims in Europe are forced into prostitution; laws and policies on prostitution are therefore seen as indispensable tools against trafficking.
  • Para. 5: legislation and policy vary across Europe, from legalisation to criminal sanctions for prostitution-related activities.
  • Para. 6: forced prostitution and sexual exploitation should be regarded as violations of human dignity and, given the disproportionate share of women among victims, as obstacles to gender equality.
  • Para. 8: given differing legal approaches and cultural sensitivities, it is difficult to propose a single regulatory model suitable for all member states; human rights should be the main criterion.
  • Para. 9: regardless of the model chosen, legislators and police should ensure that sex workers can work in dignity, free of coercion and exploitation, where prostitution is legal or tolerated, and that victims of trafficking are identified and protected.
  • Para. 11: regulating prostitution must not substitute for a complete anti-trafficking framework.
  • Para. 12.1.1: member states are called on to consider criminalising the purchase of sexual services, based on the Swedish model, as the most effective tool for preventing and combating trafficking.

Not verified: the remaining sub-paragraphs of para. 12 (including any differentiated recommendations for states that legalise prostitution), the rapporteur and the vote count. The Assembly's own site (pace.coe.int) returned a bot-verification page and could not be read. Read the official text before quoting these.

  • 8 April 2014 Parliamentary Assembly adopts Resolution 1983 (2014) 'Prostitution, trafficking and modern slavery in Europe'.
  • 25 July 2024 European Court of Human Rights quotes the resolution in M.A. and Others v. France among the relevant international materials.
  1. Affaire M.A. et autres c. France (requêtes nos 63664/19 et 4 autres), arrêt (fond) du 25 juillet 2024, § 62. European Court of Human Rights (HUDOC), 25 July 2024. Accessed 30 October 2026

EU · directive · In force · updated 30 October 2026

Revised Anti-Trafficking Directive

Directive (EU) 2024/1712 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims

Directive (EU) 2024/1712 amends the 2011 Anti-Trafficking Directive. It adds exploitation of surrogacy, forced marriage and illegal adoption to the forms of exploitation. It makes the online dissemination of sexual images of the victim an aggravating circumstance. It requires a criminal offence of knowingly using services provided by a trafficking victim (new Art. 18a), which can also be committed by legal persons. It also requires formal national referral mechanisms, national anti-trafficking coordinators, action plans and annual statistics. The transposition deadline was 15 July 2026. On 25 September 2026 the Commission sent letters of formal notice to 20 Member States that had not communicated complete transposition. Denmark is not bound; Ireland opted in.

Why it matters: Art. 18a is the first EU-wide criminal offence aimed at the client side of the sex trade, but it is narrow. It covers only use of services from a person exploited as a trafficking victim, where the user knows that. It does not require Member States to criminalise buying sex in general, and recital 26 says expressly that they may do so, and that the Directive is without prejudice to national prostitution policy. For online advertising, the recitals name advertising victims online and reaching out to clients as trafficking modi operandi. Member States must give investigators digital capabilities and should address abuse of online services in demand-reduction measures. Legal persons, which can include a platform, can be held liable for Art. 18a offences committed for their benefit.

What changed for prostitution, in the Directive's own terms

  • Art. 18a: use of services of a victim. Member States must criminalise the intentional use of services provided by a victim of a trafficking offence 'where the victim is exploited to render such services and the user of the services knows' the person is a victim. Recital 27 says 'knowledge' is interpreted under national law and can be inferred from objective circumstances: the victims themselves, the conditions in which services had to be provided, and signs of control by the trafficker. Penalties must be 'effective, proportionate and dissuasive'; no minimum is set.
  • Recital 26. The offence is part of a demand-reduction approach. It targets only services provided within exploitation covered by the trafficking offence. Member States 'can criminalise the purchase of sexual acts', and the Directive 'is without prejudice to the way in which Member States deal with prostitution'.
  • Online dimension. Recital 9 lists advertising victims online and reaching out to potential clients among trafficking methods committed through ICT. Art. 4(3)(b) makes it an aggravating circumstance where the perpetrator facilitated or committed, by ICT, the dissemination of sexual images or videos of the victim. Art. 9(3) requires investigators to have adequate expertise and technological capabilities for ICT-facilitated trafficking. Art. 18(1) requires demand-reduction measures 'with specific attention to the online dimension'.
  • Legal persons. Arts 5-6 extend corporate liability and sanctions to Art. 18a offences. A company can be liable where its leadership committed the offence for its benefit, or where a lack of supervision made it possible.
  • Non-punishment. Recital 14 says the non-punishment principle should cover unlawful acts victims were compelled to commit, explicitly including administrative offences related to prostitution.
  • Data. Member States must report annually the number of persons suspected, prosecuted and convicted under Art. 18a (Art. 19a), so national figures on the new offence should become available.

Transposition status (as of 30 October 2026)

The deadline was 15 July 2026 (Art. 2). In its 25 September 2026 infringement package the Commission sent letters of formal notice to Belgium, Czechia, Germany, Ireland, Greece, Spain, France, Cyprus, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Romania, Slovenia, Slovakia, Finland and Sweden for failing to communicate complete transposition. Bulgaria, Estonia, Croatia, Italy, Hungary and Portugal were not named. By implication they had notified measures, but the Commission had not yet published any assessment of whether those measures are complete or correct. Denmark does not take part (Protocol No 22). Ireland opted in by letter of 20 April 2023. National Anti-Trafficking Action Plans are due by 15 July 2028, and a Commission report on transposition is due by 15 July 2030.

Whether a country's existing law already covers Art. 18a varies. Systems that criminalise all purchases of sex arguably cover the sexual-services case already, and some regulation countries had narrower 'knowing client' offences before 2024. Check each country profile for how it was transposed.

Next, November 2026: The 20 Member States that received letters of formal notice on 25 September 2026 had two months to reply. Reasoned opinions may follow in a later infringement package.

  • 23 April 2024 European Parliament adopts its first-reading position on the revision.
  • 27 May 2024 Council approves the text.
  • 13 June 2024 Directive (EU) 2024/1712 signed; published in the OJ on 24 June 2024 and in force 20 days later.
  • 15 July 2026 Transposition deadline for Member States (Art. 2).
  • 25 September 2026 Commission sends letters of formal notice to 20 Member States for failing to communicate complete transposition.
  • 15 July 2028 Deadline for National Anti-Trafficking Action Plans (Art. 19b).
  • 15 July 2030 Commission report on transposition and impact due (Art. 23(3)).
  1. Directive (EU) 2024/1712 of the European Parliament and of the Council of 13 June 2024 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims. Official Journal of the European Union (EUR-Lex), 24 June 2024. Accessed 30 October 2026
  2. Commission takes action to ensure complete and timely transposition of EU directives (INF/26/1834). European Commission, 25 September 2026. Accessed 30 October 2026