Data protection and anonymity for OnlyFans creators, agencies, brokers and chatter agencies

OnlyFans and similar platforms for erotic content are booming – but as their popularity grows, so do the data protection requirements and the desire for anonymity among those involved. Especially in Germany, with strict laws such as the GDPR, creators, management agencies, intermediaries and chat service providers have to be careful how they handle personal data. At the same time, many creators want to protect their private identity. In this blog post, we take a detailed look at what needs to be considered when it comes to data protection and anonymity. We explain the legal obligations of all parties involved, provide practical tips on GDPR compliance inside and outside the platform and show how you can remain as pseudonymous as possible despite imprint obligations and tax requirements.

Data protection on OnlyFans: Erotic content and sensitive data

Platforms such as OnlyFans process a wealth of personal data, some of which is highly sensitive – especially when it comes to erotic content. Creators and often fans must upload official identification documents during registration and verification. Such copies of ID cards or passports contain confidential information and are subject to strict protective measures in accordance with the General Data Protection Regulation (GDPR). Payment data (e.g. credit card information, bank details) is also collected in order to process subscriptions. This financial data must be stored securely and protected against unauthorized access, as misuse could have serious consequences.

In addition, further personal data is constantly being collected: Chat histories between fans and creators often contain private messages, preferences or even intimate details. Although such content is not considered “special categories” of personal data per se (such as health data or political opinions), it can allow conclusions to be drawn about a person’s sex life or preferences – which makes it very worthy of protection in practice. Photos and videos of the creators themselves are also personal data (they show identifiable persons), and in an erotic context, their protection against unwanted distribution (leaks) and misuse is particularly important.

Why is the GDPR so relevant here? The GDPR applies within the EU to all companies and individuals who process personal data – including OnlyFans (as a platform operator) and creators who operate in the EU or have EU citizens as fans. It requires, among other things, that personal data is only processed on a lawful basis, that data minimization is practiced (i.e. only as much data is collected as necessary) and that appropriate security measures are taken. In the context of erotic content, for example, this means that access to sensitive customer data must be severely restricted and technically secured (e.g. through encryption and two-factor authentication). OnlyFans itself emphasizes that it adheres to high data protection standards and respects user rights – which is in the interests of all parties involved in order to create trust.

In addition, data subjects (creators and fans) have rights under the GDPR. These include the right of access (information about which data is stored), the right to erasure (erasure of personal data if there is no justification for further storage), the right to rectification of incorrect data and other rights such as data portability. It must be possible to implement such rights on OnlyFans – for example, a user can request that their account and all associated data be deleted. This means for Creator: If a fan from the EU requests what data they have or asks for it to be deleted, either OnlyFans or the creator (depending on who is responsible for the data) must comply. In practice, OnlyFans regulates many things centrally, but as soon as a creator stores data outside the platform (more on this later), they must ensure that the rights of the data subjects are guaranteed.

Overall , data protection for erotic content is not just a “nice to have”, but legally mandatory. Violations can not only lead to a loss of trust among paying fans, but also to official complaints to data protection authorities. Especially in the erotic industry, it is important to be aware that data breaches (e.g. hacked profiles, leaked chat logs) are extremely sensitive – for those affected, this can be associated with a great sense of shame and real dangers (stalking, blackmail). Data security and discretion must therefore have top priority. For everyone involved, this means carefully checking which personal data is really needed, managing this data securely and only keeping it for as long as necessary.

Rights and obligations of the parties involved: creators, agencies, intermediaries and chatter agencies

With OnlyFans, several parties are often involved in the creation and marketing of the content. In addition to the actual creator (the person who creates the content and interacts with the fans), agencies and intermediaries may be involved who take on management, advertising or support. There are also special chatter agencies or chat service providers who write to fans on behalf of the creator. Each of these roles has its own responsibilities in terms of data protection. It is important to differentiate here between who acts as the “controller” within the meaning of the GDPR and who may only be acting as a processor.

• OnlyFans-Creator (content creator): In the legal sense, a creator is usually an independent entrepreneur who offers their fans services (access to content, communication, etc.). Within the OnlyFans platform, the operator assumes many data protection-related tasks (e.g. technical security, collection of payment data, provision of a general privacy policy for the platform), but the creator himself is responsible for how he handles the fan data accessible to him. For example, a creator gains insight into the user names, comments or messages of their subscribers. Confidentiality is mandatory here: a creator may only use this information for the intended purpose (interaction with the fan on OnlyFans) and may not simply pass it on to unauthorized parties. If the creator sends screenshots of chat histories to friends, for example, this would be a breach of the fan’s privacy. Creators are also obliged to conclude data processing agreements if they commission third parties to process data (see next point). They must have consent or at least a valid legal basis if they wish to use fan data outside of OnlyFans (e.g. for marketing). Ultimately, the creator has the primary responsibility towards fans to ensure that their data is respected and protected – even if they use service providers for this purpose.
• Agencies and intermediaries: Many successful creators work with OnlyFans management agencies. These agencies take care of advertising, content strategy, sometimes content posting or support. Intermediaries can be talent scouts, for example, who bring creators together with such agencies, or people who manage the account as middlemen. From the perspective of the GDPR, agencies and intermediaries are usually third parties who gain access to personal data – such as a creator’s fan list, chat messages or sales data. If an agency takes on these tasks on behalf of the creator, it often acts as the creator’s processor. This means that the creator remains responsible for their fans’ data, must give the agency clear instructions and a written data processing agreement (DPA) should be concluded in accordance with Art. 28 GDPR. Such a contract specifies which data the agency may process and for what purpose, that it will treat this data confidentially and protect it appropriately, and that it will delete it once the contract has ended. For its part, the agency must ensure that its employees are trained, comply with confidentiality obligations and do not misuse any data. Important: If the agency uses the fan data not only on behalf of the creator, but for its own purposes (e.g. to send advertising to all fans of different creators), it would itself become the (co-)controller – and would again need its own legal basis and the consent of the data subjects. In practice, agencies should make a strict distinction between what they do “on behalf of the creator” (e.g. postings, chats) and what are their own services. As an intermediary that establishes contacts, you may have less direct access to fan data, but you still process personal information about the creator (e.g. real name, contact details, income) and possibly also about fans. The same applies here: only collect what is necessary, store it securely and delete it once it is no longer needed. Agents should also have data processing agreements if, for example, they manage a creator’s account on their behalf.
• Chatter agencies (chat service providers): One specific area is service providers who handle messaging with fans. Some creators employ professional chatters who pretend to be them and answer messages around the clock to keep fans happy. From a data protection perspective, this is a clear case of data processing on behalf of the creator: the chatter or chat agency accesses fans “personal data (profiles, message content) solely to provide a service requested by the creator. In this case, it is essential that there is a DPA between the creator (as the controller) and the chat agency that ensures confidentiality and the purpose-related handling of the fan data. Among other things, the chat agency undertakes not to copy or otherwise use any data, to treat communication confidentially and to take appropriate security measures (e.g. protected access, no disclosure of OnlyFans login data to unauthorized persons). Chatter employees should also be sworn to secrecy. A problem can arise here if the chat agency is based outside the EU (more on this in the international section) – then the rules for data transfers to third countries must also be observed. From the fans” point of view, it should ideally be transparent that a team and not the creator personally responds. From a purely legal perspective, this can be covered by the privacy policy (“The creator uses service provider XYZ to reply to the messages, which receives access to the transmitted data…”). In practice, however, this is often kept secret in order to maintain the illusion of personal closeness. It remains important: The creator may not simply pass on fan messages to third parties without consent or a contractual commitment. However, with the right contract and careful selection of a reputable chat service provider, this can be done in compliance with data protection regulations.

In summary, all parties involved have clear obligations: They must maintain confidentiality, use data only to the extent necessary and take security precautions. Creators, as those responsible for the content, must ensure that everyone they give access to their fans’ personal information is contractually bound and complies with the GDPR. Agencies and service providers, for their part, must implement the creator’s specifications (and the GDPR), must not misuse the data for their own purposes and are jointly liable if they cause data protection breaches through negligence. It is advisable to document all processes precisely: Who has access to what and when? Is there a written agreement? Have all persons been sworn to secrecy? Should an incident occur or a fan lodge a complaint, you must be able to prove to the supervisory authority that you have acted in compliance with data protection regulations. Last but not least, the GDPR also requires accountability: you must be able to prove that you are complying with the rules (e.g. through DP contracts, privacy policies, internal protocols). This level of formality is initially unfamiliar to many in the adult industry – but ignorance is no defense against punishment, and violations can be costly.

GDPR compliance outside the OnlyFans platform

As long as the data processing takes place within the OnlyFans platform, the operator assumes a large part of the GDPR obligations – for example, OnlyFans informs users in a general privacy policy about what happens to their data. However, as soon as data is used outside of the platform, creators and agencies are responsible for their own actions. But in which cases does this even happen?

A typical example is the export of fan data for marketing purposes. Let’s assume a creator wants to address their top subscribers outside of OnlyFans with personalized offers – for example via email or in a messenger service. They would first have to collect the email addresses or usernames for this. OnlyFans itself does not normally freely disclose such fan data, but some creators encourage fans to follow them on Twitter or Instagram, for example, or to take part in competitions, which may involve additional personal data. As soon as the creator maintains their own lists of fans/customers, they are considered to be a controller within the meaning of the GDPR with regard to these lists. They must therefore fulfill all obligations that a normal company must also fulfill in customer management: have a clear legal basis for each processing operation, inform the data subjects, store data securely and respond to requests (information, correction, deletion).

Specifically, this means that if you want to send a newsletter to fans, you need their express consent in accordance with Art. 6 para. 1 lit. a GDPR (and according to the Unfair Competition Act (UWG), consent for advertising emails as well). These declarations of consent must be documented. There must be an unsubscribe option in the newsletter itself. In addition, the newsletter list requires a privacy policy that explains to recipients what data is processed and for what purpose. Many creators use their own websites or link tree-like services for promotion – these are also subject to the imprint and data protection obligation (including cookie notices if tracking tools or embedded content are used). If a tracking pixel from OnlyFans or Facebook is used on a private website to retarget fans, this also falls under the GDPR and possibly the ePrivacy Rules (e.g. cookie consent is then required).

Agencies working for creators must also be careful: as soon as they extract data from OnlyFans (e.g. manual copy-paste of chat content to evaluate performance or saving fan usernames in a table), they have created a data set for which they are jointly responsible. This should not be done without the permission of the creator and without informing the fans. If it is done anyway, the creator will be liable in the event of an incident because they have not sufficiently instructed their processors – and the agency could also be held responsible. It should therefore be clearly contractually regulated whether and which data may be exported. Ideally, such exports should be avoided altogether and, if they are, then only with the consent of the fans (which would be unusual, however, as most fans do not expect their OnlyFans data to be used outside the company).

Creators/agencies also act as traditional website operators when operating their own online presences (e.g. a “Link in Bio” landing page with a subscription form). In this case, they must provide a complete legal notice and a privacy policy that describes, in particular, the data processing that takes place via the website. If, for example, cookies are set there or statistics tools are used, additional information and possibly consent are required (keyword: cookie banner). In addition, contact forms or registration forms should adhere to the principle of data minimization (only absolutely necessary fields, SSL encryption, etc.).

Possible fines and risks: The data protection authorities in Europe have shown in recent years that they can also take action against individual self-employed persons or small companies if there are serious breaches. Although major data scandals in particular result in fines in the millions, GDPR violations could theoretically result in fines of up to 20 million euros or 4% of annual global turnover – whichever is higher. For a single creator, the €20 million cap would be ruinous. Lower five-digit amounts are more realistic for individual infringements, but even that can hurt. In addition, warnings are a controversial topic in data protection, but in Germany, warnings can be issued for breaches of competition law – and if a court classifies a GDPR breach (e.g. missing privacy policy) as relevant to competition, a competitor or consumer association can issue a warning for a fee. Particularly in sectors where there is a lot of competition, it is common for formal errors (e.g. no legal notice, incorrect data protection texts) to be specifically sought in order to harm rivals. In addition, those affected (fans whose data has been misused) can assert claims for damages – immaterial damages (e.g. due to personal injury caused by data leakage) are also eligible for compensation under Art. 82 GDPR. For creators who handle data negligently, it is therefore not only their image that can suffer, but it can also be financially expensive.

Anyone operating their own data processing outside of OnlyFans should definitely seek legal advice or familiarize themselves thoroughly in order to remain compliant. This also includes observing the documentation requirements of the GDPR: From a certain size (usually if there are more than 250 employees or if particularly sensitive data is processed), a processing directory is mandatory. Although a solo creator often falls under the small business exemption, the exemption can no longer apply as soon as sensitive data is processed (e.g. about users’ sex lives) – even as a small operator, you would then have to keep a record of processing activities, have security concepts and possibly carry out a data protection impact assessment if there is a high risk to the rights and freedoms of individuals. Such obligations sound daunting, but in practice they can be managed with templates and a little effort. The important thing is that data protection should be considered proactively, not just when the child has fallen into the well. It is better to only collect data from the outset that you can really manage, prepare clear consent texts and seek the support of experts than to be confronted with authorities and lawyers later on.

Applicability of the GDPR in an international context

A common mistake made by some players is to believe that they can escape the GDPR by relocating their company headquarters abroad. In fact, some OnlyFans management agencies use exotic locations such as Dubai or establish LLCs in the USA or set up letterbox companies in Cyprus. However, the applicability of the GDPR is not solely determined by the company’s registered office, but also by the market to which the data processing relates. According to Art. 3 GDPR, the regulation also applies to processing outside the EU if data subjects in the EU are addressed. In other words, as soon as the activity is aimed at EU citizens or takes place in the EU, the GDPR applies.

For OnlyFans, this means that the platform itself (OnlyFans/Fenix Intl., based in the UK) will be subject to UK law after Brexit, but as it offers services in the EU and has EU citizens as creators and fans, it must continue to comply with EU data protection standards. The situation is similar for agencies and creators:

• A German creator who may have founded a US LLC for tax reasons remains de facto active in Germany and mainly serves German/European fans. From a GDPR perspective, the foreign legal form does not change the fact that she processes data of EU persons – so she must work in compliance with the GDPR. Should a conflict arise, German authorities could hold them or their LLC accountable. For example, a German fan could file a complaint with the local data protection authority, which would then attempt to take action against the LLC. In case of doubt, the creator would have to appoint a representative in the EU (Art. 27 GDPR requires this for controllers without an establishment in the EU, but who process data of EU data subjects on a large scale). This means that an official point of contact in the EU would also have to be appointed for an LLC in the USA, which in turn underlines the applicability of European law.
• An agency in Dubai that serves German creators and has a fan base in Europe is also affected. Although the GDPR does not apply in the United Arab Emirates, as soon as the agency actively operates on the EU market (e.g. invoices in euros, has German-speaking employees, acquires EU customers), it could be argued that it “offers goods or services in the Union”. The GDPR would therefore apply. If this agency does not comply and there is a data breach or complaint, for example, there is a risk: EU authorities could prohibit cooperation with EU partners or, in extreme cases, impose fines that would then be enforceable in the EU as soon as the agency has assets in an EU country. Image damage would also be considerable, which in turn would jeopardize the business model.
• Location in Cyprus or Malta: These countries are EU member states, which means that the GDPR applies here directly anyway. This means that an agency based in Cyprus is subject to the same EU data protection law as in Germany – only the responsible supervisory authority is the one in Cyprus. Some companies choose Cyprus because the authorities or taxes are supposedly more relaxed, but when it comes to data protection, data subjects from Germany can still contact their local authority, which will then cooperate with the Cypriot authority. The GDPR is standardized throughout the EU, so there is little to gain in terms of laxer rules.

In an international context, data transfers are also an issue: if personal data flows from the EU to a third country, Chapter V GDPR applies. An example: A German creator has a Philippine chat agency process his messages. Here, fan data (EU data) is sent to a country outside the EU. The GDPR requires either a country with an adequate level of data protection (the Philippines have not been certified by the EU), standard contractual clauses with the service provider and, if necessary, additional protective measures. In practice, it is very challenging to implement this properly. Many ignore these requirements – which poses a risk. Data protection authorities could object to such unsecured transfers. Anyone using international service providers should therefore be aware that more needs to be done formally than just signing a DP agreement.

To summarize: The GDPR applies far beyond Europe’s borders when European users are involved. The seemingly “offshore” OnlyFans industry cannot simply avoid it. When in doubt, it always looks: Is this serving a market in the EU? If so, the level of data protection must comply with EU standards. Therefore, foreign agencies that deal with German creators or fans should also take the requirements seriously – for example, they should have their own privacy policy in the respective language, obtain consent if necessary and comply with security best practices overall. It may seem tempting to want to avoid obligations such as the legal notice requirement or the GDPR by moving your place of residence to a non-EU country. In reality, this rarely works: The international arm of EU law will catch up with you at the latest when it comes to incoming payments, tax issues or legal disputes. Anyone who actually produces their content for the German market or advertises there must comply with German law and EU law, regardless of where the business is officially registered.

Legal options for anonymity as an OnlyFans creator

Many creators want to appear under a pseudonym in order to separate their private self from their public self. This is understandable, especially in the erotic sector – you want to protect your family, main job or environment and protect yourself from potential stalkers. But how can anonymity be reconciled with legal requirements such as the obligation to provide a legal notice, business registration and tax obligations? Here’s the good news: a pseudonym or alias is absolutely permissible and can be used consistently in public appearances. However, it does not replace the real name in all respects. Behind the scenes, certain bodies need to know your real identity (authorities, contractual partners), and some legally required information conflicts with the desire for complete anonymity. Let’s take a look at the most important points and how to deal with them:

Imprint obligation – transparency vs. privacy: In Germany, anyone who offers content online for business purposes must provide an imprint with a summonable address and the responsible name. Until 2024, this was regulated in Section 5 of the German Telemedia Act (TMG); it is now set out in Section 5 of the new Digital Services Act (DDG). The federal states also stipulate similar information obligations in the Interstate Media Treaty (Section 18 MStV). For OnlyFans profiles, this means that as soon as you earn money as a creator (which is the purpose of the platform), this is considered a business offer and you need an imprint. Many creators are surprised that even on platforms such as OnlyFans – which is not a traditional website – there is an obligation to provide a legal notice. However, German courts have made it clear that social media profiles or platform accounts that are set up for the long term and are geared towards generating revenue are also covered. The lack of an imprint can lead to warnings and fines. Theoretically, according to the DDG, there is a fine of up to €50,000 for violating the imprint obligation. More practical and more frequent, however, are warnings from competitors: for example, another creator or an agency that notices your missing legal notice could call in a lawyer. This leads to costs and the obligation to correct the omission.

Of course, it is understandable that nobody likes to have their private address publicly displayed on an erotic platform. This is where the need for security comes into conflict with the legal situation. Unfortunately, bypassing an imprint completely anonymously is not a legal option – but there are solutions to at least protect your own home address:

• Business address instead of residential address: It is ideal if you can provide an alternative summonable address. This could be the address of an agency you work with, for example, or the address of a lawyer or a special imprint service provider. Important: You must not just write any address you like; it must be possible to deliver mail to the specified address in an emergency (in the best case, someone must be available in person). Many creators use a c/o model: you agree with your own agency or a lawyer, for example, that mail will arrive there for you. The imprint can then say: Max Mustermann (artist name: SexySusi), c/o XYZ Media GmbH, Musterstraße 1, 12345 Berlin. This legally names a person capable of service (Max Mustermann) and a summonable address (that of the GmbH). The private residential address remains hidden. There are now service providers who offer exactly this – for a fee, they take over the receipt of mail and forward important letters to you. This option is legally permissible as long as the data is correct and the person/agency actually accepts it.
• P.O. Box? A mere PO box is not sufficient, as it does not provide a physical person to contact. The law requires an address where an action for injunctive relief, for example, can be served in the event of a dispute. A PO box does not fulfill this requirement, as a bailiff will not be able to find anyone there. Therefore, please do not succumb to the temptation to simply write a PO box in the legal notice – that would be a violation.
• Found a company: Some creators consider setting up a corporation (such as a GmbH or UG) and letting it act as the provider. A company can be run under any name (as long as the name complies with the regulations), and the company and business address would then appear in the legal notice. However, the legal notice for legal entities requires that the authorized representative (e.g. managing director) is named. Your identity would therefore be at least partially visible again, and setting up a company is expensive and time-consuming. For individual creators, this is usually not only worthwhile because of the imprint. One exception: If you set up a company for tax/business reasons anyway, it can of course act as a provider and your own person will be less visible to the outside world. However, you cannot hide completely behind a company, because register entries (commercial register, possibly IHK membership) are partly public.

Pseudonym in performance, real name with authorities: You can present yourself everywhere on OnlyFans and in social media with your artist name. You can then conclude contracts with fans under this name (even if your real identity would be in the background under civil law). This is okay as long as you can provide your real name in legal transactions where necessary. Example: When registering a business, you must provide your real name and registration address to the trade office. However, you can often enter a “business name” or job title there, e.g. “Media Content Creator ‘SexySusi’”. This will then appear on the trade license and can be used in invoices. The business registration in Germany is not publicly available on the Internet; it is primarily used so that authorities know who is running a business. Your data there is subject to data protection, third parties can only view it with a legitimate interest (e.g. journalists or competitors could ask the trade office what you have registered – but this is rather rare and requires a reason). Tax obligations do not recognize pseudonyms: You must be correctly named on invoices as the person/company providing the service (i.e. name + address for sole traders, although a stage name can also be mentioned). You must provide all relevant data to the tax office anyway (this is also handled confidentially, tax data is subject to tax secrecy).

Important to know: Platforms such as OnlyFans have recently been legally obliged to report their users’ income to the tax authorities (keyword: platform reporting obligation, implemented in the EU by the DAC7 Directive). This means that even if you think you could earn “incognito” and not declare it, this will be discovered at the latest during a data comparison. Tax evasion would be extremely risky and is a criminal offense – so absolutely not an option. It is therefore better to register a clean business from the outset, pay tax on the income and try to maintain your privacy in a legitimate way.

Practical tips for protecting your identity: In addition to the formal legal notice, there are other approaches to appearing anonymously as a creator:

• Strictly separate personal and business online profiles: Use separate email addresses and phone numbers for your OnlyFans and the associated social media accounts that do not allow any conclusions to be drawn about your real name. Make sure that no personal information such as location or device name is included in the metadata of uploaded images/videos (EXIF data).
• Anonymize domain registration: If you run your own website, use domain registration services that protect your WHOIS data so that not everyone can find out your address. (For .de domains, private addresses are not publicly visible anyway, for .com etc. you can use a privacy service).
• Only trust professional partners: If you are working with an agency or a chat service provider and also state this as the c/o address in the legal notice, make sure that they are trustworthy and handle your data discreetly. Ideally, the contract should stipulate that they will not disclose your identity without your consent.
• Think about what you reveal yourself: Some creators unknowingly reveal personal details (hometown, real first name, daily habits) in streams or chats that could be used to deanonymize them. A healthy degree of restraint with such information helps to maintain the separation between persona and private person.

Ultimately, complete anonymity on the Internet is almost impossible to achieve if you are also running a business. However, it is possible to use a legally secure pseudonym: Use a stage name to the outside world, arrange the mandatory information via deputies or official channels, and fulfill all legal obligations (business, taxes, contracts) behind the scenes. This will minimize your risk. Keep in mind that this area is legally complex – there are only a few specialized lawyers who are really familiar with the intersection of media law, data protection and the online adult business. Don’t be afraid to seek advice if you are unsure, precisely because the subject matter is so new and specific.

Conclusion

Data protection and anonymity pose particular challenges for OnlyFans Creator and everyone involved. On the one hand, the law demands transparency and accountability – fans’ personal data must be carefully protected but also properly processed, and the identity of the provider must not remain completely in the dark. On the other hand, it is understandable that creators in the adult industry want to maintain their privacy and protect themselves from personal risks. This balancing act can be mastered by ensuring clear contractual regulations with third parties at an early stage (keyword: order processing and confidentiality), taking technical protective measures and using creative solutions such as c/o addresses for mandatory information. It is equally important to consistently comply with the GDPR requirements not only within the platform, but also in all activities outside of OnlyFans – from your own website to the newsletter. Internationally active players should not be lulled into a false sense of security: If they serve the German/European market, the local rules also apply to them.

In conclusion, it can be said that this subject area is relatively young and is constantly evolving (think of new laws such as the Digital Services Act). Specialized legal advice is rare, but this is precisely why it is valuable in order to avoid costly mistakes. Creators, agencies and the like would do well to familiarize themselves with the legal rules of the game or consult experts – this way, they can run their OnlyFans business successfully and legally compliant at the same time, without sleepless nights due to the threat of warnings or data leaks. With the right knowledge and precautions, nothing stands in the way of a secure and anonymous online business.