Polish Gambling Act of 2009 sets the terms of organising and the principles of operating gambling games and the rules of taxation on gambling games.
Games of chanceshall be (also when organised online) games which offer cash or goods winnings, whose result depends primarily on chance
Games of chance shall be:
- number games;
- cash lotteries;
- cylindrical games;
- dice games;
- cash bingo;
- raffle bingo;
- raffle lotteries;
- promotion lotteries;
- audiotele lotteries;
Betting shall be a bet for cash or a thing determined by guessing:
1) the results of a sports competition in which competitors are people or animals and where the participants pay stakes, while the prize depends on the total stakes paid – totalisator systems; or
2) the occurrence of various events, including virtual events in which the participants pay rates, and the amount of winnings depends on the agreed upon the pay-in-win ratio between the party taking the bet and the party paying the rate – bookmaking services.
Card gamesshall be black jack, poker and baccarat when they are played for cash or goods winnings
Games on slot machinesshall be games conducted on mechanical, electromechanical or electronical devices, including computer devices, and games whose principles correspond to the principles of games on gaming machines organised online, which offer cash or goods winnings and whose result depends on chance.
Poker games may be organised at casinos or outside casinos by entities which operate gambling games on the basis of a granted licence to manage a casino under regulations stipulated in the Gambling Act (article 6a paragraph 1).
Poker games may be also organised in the form of tournaments outside games casinos by an entity which does not hold a licence for the operation of casinos under regulations stipulated in the Gambling Act (article 6a paragraph 2).
The state has the monopoly on the activity in the field of number games, cash lotteries, telebingo, slot machines organised in slot machines parlors and online games with the exception of betting and promotion lotteries. Organization of the games within the state monopoly shall be subject to approval of the game rules by the Minister of Development and Public Finance.
Licenses and permissions
A casino operating license shall be granted by the Minister of Development and Public Finance.
The Minister of Development and Public Finance is responsible for granting permissions for cash bingo hall and betting.
The activity within the field of cylindrical games, card games, dice games and games on slot machines shall be conducted under the casino operating license. Games on slot machines can be organised in slot machines parlors by the entity conducting state monopoly.
The activity within the field of cash bingo shall be conducted under the cash bingo hall operating permission. The activity within the field of betting shall be conducted under the betting operating permission.
The activity within the field of cylindrical games, card games, dice games, games on gaming machines, cash bingo, betting shall be conducted only as a joint-stock company or a limited-liability company with the registered office within the territory of the Republic of Poland or other EU/EFTA member country, provided it establishes a representative in the Republic of Poland.
Raffle lotteries, raffle bingo and promotion lotteries can be organized by natural persons, legal persons and entities without legal personality under the granted permission.
Audiotele lotteries can be organized only by joint-stock companies or limited-liability companies with the registered office within the territory of the Republic of Poland or other EU/EFTA member country, provided it establishes a representative in the Republic of Poland, under the granted permission.
The permission for organizing raffle lotteries, audiotele lotteries, raffle bingo or promotion lotteries to be organized within the territorial jurisdiction of one Director of the Fiscal Administration Chamber shall be granted by the Director of the Fiscal Administration Chamber within whose territorial jurisdiction those games are organized and operated.
Registry for the Offering of Gambling Games Contrary to the Gambling Act
The Minister for Development and Public Finance shall manage the Domain Registry for the Offering of Gambling Games Contrary to the Act. The Register shall be open with everyone allowed the right to access data contained in the Register. The Register is managed in an ICT system, permitting the automatic transfer of information to the ICT systems of telecommunications undertakings and suppliers of paid services.
The Register includes:
1) the name of the domain used for operating gambling games without a licence, permit or notification as required by law, submitted to the recipients of services in the Republic of Poland, in particular when the websites which use these domain names are:
a) available in Polish,
b) advertised in the Republic of Poland;
2) the date and time of an entry, change or deletion.
The telecommunications undertaking which renders internet access services shall have an obligation to prevent access free-of-charge to websites which operate internet domain names entered in the Register by removing them from the ICT systems of telecommunications undertakings, used for changing internet domain names to IP addresses, no later than within 48 hours after making an entry in the Register andprovide free access to websites which use domain names struck off the Register, no later than within 48 hours of deleting the internet domain name from the Register.
Those undertakings shall redirect connections free-of-charge that cite internet domain names entered in the Register to websites managed by the Minister for Development and Public Finance.
The suppliers of paid services shall be forbidden to give access to paid services on websites which use the internet domain names entered in the Register. In the event of rendering paid services via a website using an online domain entered on the Register, the supplier of paid services shall have an obligation to cease the rendering of these services within 30 days of the day that the domain is entered in the Register.
The Register is available under: https://hazard.mf.gov.pl/