Connect with us

Gambling

Gambling 2024 In Poland – Gaming – Poland

Published

on


To print this article, all you need is to be registered or login on Mondaq.com.

1 Relevant Authorities and Legislation

1.1 Which entities regulate what type of gambling and
social/skill gaming activity in your jurisdiction?

1.2 Specify: (i) the law and regulation that applies to
the Relevant Products in your jurisdiction; and (ii) – in
broad terms – whether it permits or prohibits the offer of
Relevant Products to persons located in your
jurisdiction.

The law and regulation applicable to Relevant Products in Poland
is the Act of 19 November 2009 on gambling games (hereinafter
“the Gambling Act”).

On the basis of the authorisation set out in the Gambling Act,
the Minister of Finance issued a number of secondary applicable
regulations concerning, for example: issuing certificates of
winnings obtained, and records of certificates and records of paid
(issued) winnings; manner and extent of archiving data related to
online gambling activities; information and communication
technology system for recording and archiving data on the progress
of games on automatic gaming machines in entertainment arcades;
documentation kept by gambling operators; and conditions for
providing financial security in gambling activities.

The Gambling Act applies to “gambling games”, which
consist of four main categories: (i) games of chance; (ii) betting;
(iii) card games; and (iv) slot machines games. Games where there
is no element of chance (that is, games solely based on the
participants’ skill or knowledge) are not subject to the
Gambling Act, therefore said regulation shall not be considered
applicable. However, in certain situations, the Ministry of Finance
shall determine upon application or ex officio whether a
game or bet, having the features listed in the Gambling Act,
qualifies as a game of chance, bet, card game or machine game. Such
qualification is made individually, upon the description of the
rules of a specific game.

With respect to Relevant Products offered in digital form,
pursuant to the Gambling Act, all online games, except for betting
and special offer lotteries, are covered by the state monopoly. The
only form of online gambling currently permitted for private
entities in Poland (upon the licence granted) are betting and
special offer lotteries.

With respect to Relevant Products offered in land-based form,
the organisation of games of chance, mutual betting, card games and
machine games is permitted on the basis of an appropriate licence,
permit or notification.

2 Application for a Licence and Licence Restrictions

2.1 What regulatory licences, permits, authorisations or
other official approvals (collectively, “Licences”) are
required for the lawful offer of the Relevant Products to persons
located in your jurisdiction?

Upon the provisions of the Gambling Act, there are three types
of licences required for offering Relevant Products to Polish
residents, i.e.: (i) a licence to run a land-based casino; (ii) a
permit to offer betting products; and (iii) a notification on
commencement of a licensable activity.

2.2 Where Licences are available, please outline the
structure of the relevant licensing regime.

The amendments to the Gambling Act, introduced in 2017, took a
restrictive approach. Therefore, the licensing regime in Poland
should be described as severe and stiff. 

The most significant amendment introduced to the system was a
monopoly regime over the majority of gambling
games, especially offered online; the only online form allowed
to be provided by private operators (upon the permit granted) is
mutual betting and/or a promotion lottery. 

There is only one legally functioning online casino in Poland,
and it is operated by the monopolist – the state-owned
company.

2.3 What is the process of applying for a Licence for a
Relevant Product?

The licensing process depends on the type of licence sought by
the applicant. 

In general, the law requires a number of documents, listed in
the Gambling Act within the provisions applicable to a given type
of Relevant Product, to be provided together with the application
form. For example, an application for a licence to operate online
betting should, among others, contain: (i) terms and conditions of
the game; (ii) draft rules for verifying the age of the
participants and prohibiting minors from participating in gambling;
(iii) the address and technical documentation of the website used
for betting; and (iv) expert opinions on evidence confirming the
participants protection against interference by unauthorised
persons and the possibility of verifying their authenticity.

The Gambling Act provisions are considered to not offer much
guidance as to the content of the documents required. The Gambling
Act does not provide any definition of the term “technical
documentation of a website”. As a general rule, technical
documentation shall be of a relatively complete and exhaustive
nature. The only general rules on its content were issued by the
legislator in the form of informal guidance.

The licensing procedure is considered long-lasting. What is
important for foreign operators is that each document, being
submitted together with an application, must be translated into
Polish by a certified translator. Moreover, if the regulator
determines that a given document does not comply with the
requirements, the applicant will be requested to provide additional
documentation or supplement said document, as well as provide
additional clarifications or explanations, particularly in relation
to the terms and conditions of the game.

The documents attached to the applications and notifications
shall be submitted in the form of originals or copies certified to
be true copies of the original by a notary public, advocate, legal
adviser or tax adviser.

As of July 2022, applications and tender offers for the granting
of a concession or permit by the minister responsible for public
finance and documents attached to such applications or tender
offers may be submitted in electronic form via the e-concessions
ICT system. The condition of access to an account in the
e-concessions ICT system is authentication by the user of the
account in this system.

As a general rule, the licensing procedure should be completed
within six months from the date of filing an application, though
the regulator is legally allowed to extend the deadline. In
practice, the licence proceedings usually last longer, which should
be taken into account by each applicant.

2.4 Are any restrictions placed upon licensees in your
jurisdiction?

The Gambling Act provides that licences may be granted on the
condition that:

  1. there are no justified reservations about the given company or
    its shareholders holding shares whose value exceeds 10% of the
    share capital of the company, or members of the company’s
    management board, supervisory board or audit committee, or the
    company’s proxies, being natural persons, legal persons or
    companies without legal personality, concerning state security,
    public order, the security of economic interests of the state, and
    compliance with provisions on counteracting money laundering and
    terrorism financing;

  2. members of the company’s management board, supervisory
    board or audit committee have Polish citizenship or the citizenship
    of a Member State of the European Union (“EU”), a Member
    State of the European Free Trade Association (“EFTA”)
    – a party to the Agreement on the European Economic Area, or
    the Organisation for Economic Cooperation and Development, with the
    reservation that this requirement shall not apply to the companies
    referred to in Article 7a.1 of the Gambling Act (joint-stock
    companies or limited liability companies, or companies whose
    activity is based on the principles of operation of a joint-stock
    company or a limited liability company, having their registered
    office in another Member State of the EU or Member State of the
    EFTA – a party to the Agreement on the European Economic
    Area);

  3. no proceedings concerning criminal offences related to money
    laundering and terrorism financing are pending against the persons
    listed above (item 1) before the judicial authorities of a Member
    State of the EU or a Member State of the EFTA – a party to
    the Agreement on the European Economic Area;

  4. the company has not had a licence or permit revoked for the
    reason that the conditions provided for in the licence, permit, or
    the rules, or other legal conditions for pursuing the activities
    for which the licence or permit had been granted, have been grossly
    breached within the six years preceding the date of submission of
    the application for a licence or a permit;

  5. the shareholders (partners) of the company have not been
    shareholders (partners) holding shares whose value exceeded 10% of
    the company’s share capital in a company that has had a licence
    or permit revoked for the reason that the conditions provided for
    in the licence, permit, or the rules, or other legal conditions for
    pursuing the activities for which the licence or permit had been
    granted, have been grossly breached within the six years preceding
    the date of submission of the application for a licence or a
    permit; and

  6. the members of the management board, supervisory board or audit
    committee or the proxies referred to in item 1 above have not been
    members of the management board, supervisory board or audit
    committee or proxies in a company that has had a licence or permit
    revoked for the reasons that the conditions provided for in the
    licence, permit, or the rules, or other legal conditions for
    pursuing the activities for which the licence or permit had been
    granted, have been grossly breached within the six years preceding
    the date of submission of the application for a licence or a
    permit.

To view the full article click here

Originally Published by International Comparative Legal
Guide

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

Continue Reading
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *