In 2021, the Law Commission of Poland made some changes that have now been incorporated into the Law on Gambling in Poland. The main changes concern the requirements for a licence and the age of maturity to be eligible to apply for a licence. It is important to note that the age of majority is 17 years old, which is the minimum age required in all of the EU member states. Therefore, the younger generations are now allowed to legally gamble on online casino sites, irrespective of whether they are of legal age.
These changes were brought into effect by the Law Commission of Poland, as they felt that it was in the public interest to reduce the number of licensed gaming venues. At present, there are around 200 gambling venues, and almost half of these are either shut down or waiting for new licence holders. Some of the reasons given for this include the decline in real estate prices and a lack of business due to the growing popularity of online gambling. As there is a lack of regulation and guidance from the UK gambling commission, operators have no means of ensuring that they comply with the minimum standards. These operators can be of varying types, and most allow customers to wager a combination of money and chips at their poker rooms, roulette tables and craps halls. Although there are some restrictions as regards the type of bonuses that are available, they are not as restrictive as in the UK.
The changes to the Law on Gambling in Poland also include a few changes that are likely to affect online gaming in a positive way, such as the introduction of regulated software that will be used by the Polish board of security and judicial administration to rate the different online gambling sites. The criteria for being accredited by this body are that it should be a member of an international governing organisation. It is also required that it should provide a system of random selection of members to its staff, and that it offers a variety of different games to its customers. These requirements are in place to ensure that the site has high quality standards and to make the process of selecting suitable sites for its clients easier.
All operators wishing to operate in Poland will need to apply for a gaming licence, which will take into account the location of the property that they wish to provide gambling at. A further point to remember is that many of these gaming licence applications are required to be supported by a certificate of Importance, otherwise known as an IICRC. This is issued by the European Commission and allows operators to enter into trading relationships with EU companies that have been approved to buy EU materials. The certificate of Importance can only be granted after a thorough investigation has been carried out, and the operator must pass several tests regarding financial and legal matters. These include a declaration of the risks and benefits that are likely to arise from gambling at the proposed venue.
After a licence has been awarded, it is then up to the jurisdiction to determine whether it allows gambling operators to trade. The law in Poland regards all gambling businesses as ‘operative businesses’, and all licence applicants are expected to adhere to all licensing procedures and laws. There is no regulatory authority within the jurisdiction of Warsaw, allowing operators to trade freely without fear of legal action. However, each authority does have a code of ethics that should be adhered to. Polish law does not recognise any other legal jurisdictions, making the possibility of a dispute between operators a great deal more likely.
Gambling in Poland is subject to strict legal requirements, and all transactions must be authorised by the relevant taxation authority. There are some notable differences between betting on indoor and outdoor sports and gaming, with the former strictly regulated and controlled, and the latter being considerably less controlled. Gambling licensees are therefore required to stick to licensing regulations for example the laying of odds, and cannot operate a business in which they are unable to demonstrate the legality of their transactions. The majority of operators will however not be required to hold a gambling licence, instead being required to hold a permit that will allow them to trade. Permits may be renewed every two years, depending on the activity. In addition to the IICRC and the licensing procedure, gambling activity also requires the payment of a deposit of up to one thousand Polish Koruna (about forty US dollars) by players who join online betting exchanges.
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