Gambling 2019 The International Comparative Legal Guide to: WH Partners
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ICLG The International Comparative Legal Guide to: Gambling 2019 5th Edition A practical cross-border insight into gambling law Published by Global Legal Group, with contributions from: Appleby (Isle of Man) LLC Luiz Gomes & Associados Balch & Bingham LLP Matheson BDK Advokati Melchers Law Firm Brækhus Advokatfirma DA Miller Thomson LLP Brandl & Talos Attorneys at Law MME Legal | Tax | Compliance Creel, García-Cuéllar, Aiza y Enríquez, S.C. Nagashima Ohno & Tsunematsu DD Consultus Limited National Betting Authority of Cyprus Dickinson Wright PLLC Nestor Nestor Diculescu Kingston Petersen Faegre Baker Daniels Nordic Gambling Gaming Legal Group Rajah & Tann Singapore LLP Greenberg Traurig, LLP Rato, Ling, Lei & Cortés – Advogados Grimaldi Studio Legale Romulo Mabanta Buenaventura Sayoc & de los Angeles Hassans International Law Firm Senet Legal Pty Ltd Herzog Fox & Neeman Law Office Sirius Legal Horten Startlaw Ifrah Law PLLC Taft Stettinius & Hollister LLP Khaitan & Co WH Partners LenziAdvocacia / BetConsult Wiggin LLP LOYRA Abogados
The International Comparative Legal Guide to: Gambling 2019
Introductory Chapter:
1 Shaping the Future of Gaming Law – Jamie Nettleton, International Masters of Gaming Law 1
General Chapters:
2 U.S. States May Now Legalise Sports Betting – But the Federal Wire Act Affects State Implementation
Mark Hichar, Greenberg Traurig, LLP 3
Contributing Editor
Jason Chess, Wiggin LLP 3 Nothing is Permanent Except Change: A Commentary on the State of Global Online Gambling
Regulation – Dr. Joseph F. Borg & Dr. Samuel Gauci, WH Partners 8
Sales Director
Florjan Osmani 4 Money Laundering and the Gaming Industry in Macau SAR – Pedro Cortés & Óscar Alberto Madureira
Rato, Ling, Lei & Cortés – Advogados 11
Account Director
Oliver Smith Country Question and Answer Chapters:
Sales Support Manager 5 Australia Senet Legal Pty Ltd: Julian Hoskins & Matt Zaba 16
Toni Hayward
6 Austria Brandl & Talos Attorneys at Law: Thomas Talos & Nicholas Aquilina 25
Editor
7 Belgium Sirius Legal: Bart Van den Brande 31
Nicholas Catlin
8 Brazil LenziAdvocacia / BetConsult: Edgar Lenzi & Marcelo Munhoz da Rocha 36
Senior Editors
Suzie Levy 9 Bulgaria DD Consultus Limited: Denitza Dimitrova 41
Caroline Collingwood
10 Canada Miller Thomson LLP: Danielle Bush 48
CEO 11 Cyprus National Betting Authority of Cyprus: Filippos Kamenos & Spyros Tsakonitis 55
Dror Levy
12 Denmark Horten: Nina Henningsen 60
Group Consulting Editor
Alan Falach 13 Dutch Caribbean Gaming Legal Group / GLG Compliance: Peter Muller & Xavier Rico 66
14 France Startlaw: Cloé Si Hassen & Marine Travaillot 74
Publisher
Rory Smith 15 Germany Melchers Law Firm: Dr. Joerg Hofmann & Dr. Matthias Spitz 80
Published by 16 Gibraltar Hassans International Law Firm: Andrew Montegriffo & Louise Lugaro 87
Global Legal Group Ltd. 17 Greater Antilles Gaming Legal Group / GLG Compliance: Frederik van Eijk & Pedro Batista 93
59 Tanner Street
London SE1 3PL, UK 18 India Khaitan & Co: Ganesh Prasad & Surbhi Kejriwal 105
Tel: +44 20 7367 0720 19 Ireland Matheson: Chris Bollard & Deirdre Kilroy 111
Fax: +44 20 7407 5255
Email: info@glgroup.co.uk 20 Isle of Man Appleby (Isle of Man) LLC: Claire Milne & Sophie Corkish 117
URL: www.glgroup.co.uk 21 Israel Herzog Fox & Neeman Law Office: Yehoshua Shohat Gurtler 123
GLG Cover Design 22 Italy Grimaldi Studio Legale: Giorgio Gallenzi & Marco Della Croce 128
F&F Studio Design 23 Japan Nagashima Ohno & Tsunematsu: Masayuki Fukuda 133
GLG Cover Image Source 24 Macau Rato, Ling, Lei & Cortés – Advogados: Pedro Cortés &
iStockphoto Óscar Alberto Madureira 139
Printed by 25 Malta Gaming Legal Group / GLG Compliance: Leo Rodenburg & Frederik van Eijk 145
Ashford Colour Press Ltd 26 Mexico Creel, García-Cuéllar, Aiza y Enríquez, S.C.: Begoña Cancino &
November 2018
Sofía Castañón 150
Copyright © 2018 27 Montenegro BDK Advokati: Luka Popović 155
Global Legal Group Ltd.
28 Netherlands Gaming Legal Group / GLG Litigation: Bas Jongmans & Samantha Andriesse 161
All rights reserved
No photocopying 29 Norway Brækhus Advokatfirma DA: Brede A. Haglund & Alexander Mollan 167
ISBN 978-1-912509-44-7 30 Philippines Romulo Mabanta Buenaventura Sayoc & de los Angeles:
ISSN 2056-4341 Herminio S. Ozaeta, Jr. & Marie Antonette B. Quiogue 173
31 Poland WH Partners: Bartosz Andruszaniec 178
Strategic Partners
32 Portugal Luiz Gomes & Associados: Gonçalo Afonso Proença 183
33 Romania Nestor Nestor Diculescu Kingston Petersen: Cosmina Simion &
Ana-Maria Baciu 189
34 Singapore Rajah & Tann Singapore LLP: Lau Kok Keng & Daniel Quek 196
35 Slovakia WH Partners: Robert Skalina 205
36 Spain LOYRA Abogados: Patricia Lalanda Ordóñez & Fernando A. Martín Martín 211
37 Sweden Nordic Gambling: Maria McDonald 217
Continued Overleaf
Further copies of this book and others in the series can be ordered from the publisher. Please call +44 20 7367 0720
Disclaimer
This publication is for general information purposes only. It does not purport to provide comprehensive full legal or other advice.
Global Legal Group Ltd. and the contributors accept no responsibility for losses that may arise from reliance upon information contained in this publication.
This publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be taken from a qualified
professional when dealing with specific situations.
WWW.ICLG.COMThe International Comparative Legal Guide to: Gambling 2019
Country Question and Answer Chapters:
38 Switzerland MME Legal | Tax | Compliance: Dr. Andreas Glarner & Dr. Alexandra Körner 223
39 United Kingdom Wiggin LLP: Jason Chess & Chris Elliott 228
40 USA – California Ifrah Law PLLC: Jeff Ifrah & Jessica Feil 233
41 USA – Illinois Taft Stettinius & Hollister LLP: Paul T. Jenson & Erin Lynch Cordier 237
42 USA – Indiana Faegre Baker Daniels: Elizabeth K. Cierzniak 243
43 USA – Mississippi Balch & Bingham LLP: Scott E. Andress 249
44 USA – Nevada Dickinson Wright PLLC: Kate Lowenhar-Fisher & Greg Gemignani 254
45 USA – New Jersey Ifrah Law PLLC: Jeff Ifrah & Jessica Feil 260
46 USA – New York Ifrah Law PLLC: Jeff Ifrah & Jessica Feil 264
47 USA – Pennsylvania Ifrah Law PLLC: Jeff Ifrah & Jessica Feil 268Chapter 31
Poland
WH Partners Bartosz Andruszaniec
products to Polish residents is the act of 19 November 2009 on
1 Relevant Authorities and Legislation
gambling games (as later amended; the “Gambling Act”). In addition,
there are a number of secondary regulations issued by the Minister
1.1 Which entities regulate what type of gambling and of Finance on the basis of authorisations set out in the Gambling
social/skill gaming activity in your jurisdiction? Act. These concern, for example, technical requirements applicable
to mandatory archiving of information by online betting operators,
the manner of issuing winning certificates to players, or keeping
Who regulates Who regulates
gambling-related books of the operator. In general, the Gambling
Relevant Product it in digital it in land-
form? based form? Act prohibits operators from offering online games of chance other
Casino gaming than betting which can be organised on the basis of a licence issued
(including slots by the Minister of Finance. Other online gambling games can be
and casino table organised only by the exclusive right holder, i.e. state-owned
games such Minister of Minister of company Totalizator Sportowy sp. z o.o. The Gambling Act, if read
Gaming as roulette & Finance. Finance. literally, also prohibits operators from offering social games as long
blackjack)
as they feature an element of chance. This appears, however, to be
Poker
contrary to the justification of the provisions at hand. With respect
Bingo
to games offered offline, they can be organised either in a licensed
Betting
casino or by the exclusive right holder, except for betting, which can
Sports/horse
be organised on the basis of a licence. Poker tournaments in which
race betting
(if regulated no cash winnings are permitted and the value of winnings does not
separately to exceed annually revised thresholds can be organised without a licence.
other forms of The English translation of the Gambling Act is available at the
betting)
Minister of Minister of Minister of Finance website (https://www.finanse.mf.gov.pl/
Betting Fantasy betting
Finance. Finance. documents/766655/6144946/Gambling+Law+v.09.2017.pdf;
(payment to
back a ‘league’ please note that this document is not regularly updated).
or ‘portfolio’
selection over a
period of time, 2 Application for a Licence and Licence
for example in Restrictions
relation to sport
or shares)
Minister of Minister of 2.1 What regulatory licences, permits, authorisations or
Lotteries Lotteries
Finance. Finance.
other official approvals (collectively, “Licences”) are
“Social” gaming required for the lawful offer of the Relevant Products
with no prize Minister of Minister of to persons located in your jurisdiction?
in money or Finance. Finance.
Social/Skill money’s worth
arrangements Skill games and There are three types of Licences which are required to offer
competitions Relevant Products to Polish residents: (i) permit to run a casino;
Not applicable. Not applicable.
with no element (ii) licence to offer betting products; and (iii) notification on
of chance commencement of a licensable activity. The last option applies only
in specific circumstances to some games organised offline.
1.2 Specify: (i) the law and regulation that applies to the
Relevant Products in your jurisdiction; and (ii) – in 2.2 Where Licences are available, please outline the
broad terms – whether it permits or prohibits the structure of the relevant licensing regime.
offer of Relevant Products to persons located in your
jurisdiction. The Gambling Act was adopted in 2009 and heavily amended in
2016, i.e. during the period when many European Union countries
The main act which regulates the provision of gambling and gaming turned to more liberal, licence-based gambling systems and modern
178 WWW.ICLG.COM ICLG TO: GAMBLING 2019
© Published and reproduced with kind permission by Global Legal Group Ltd, LondonWH Partners Poland
taxation of gambling activities. However, the Polish lawmakers By law, the licensing procedure should be completed within six
took an opposite direction and petrified the restrictive gaming months, which is already a relatively long period of time. The
regime introduced in the early 1990s. The recent amendment problem, however, is that the law allows the regulator to extend the
introduced a monopoly regime over the majority of gambling deadline without the need to provide a precise explanation of the
games, both on the online and offline side of the business. The extension which would reasonably justify the delay. In practice,
most restrictive approach was taken with respect to online games: the licence proceedings usually last around nine months, in some
the monopoly covers all games except for betting, which can be extreme cases even up to a year or longer. The extension risks
Poland
organised by private, licensed entities. The wording of the law, if should be mitigated at an early stage of the proceedings by ensuring
interpreted literally, leads to a conclusion that even social games are that the application file complies with the most recent practice of
subject to the monopoly, although this potential restriction does not the regulator.
appear to attract the interest of the authorities (not to mention that
there are doubts as to whether literal interpretation is in line with the
2.4 Are any restrictions placed upon licensees in your
spirit of the law). jurisdiction?
2.3 What is the process of applying for a Licence for a Once the licence is issued, the operator must provide the collateral
Relevant Product? (either a bank or insurance guarantee, or a cash deposit), the amount
of which depends on the type of licence (in the case of a casino –
The licensing process is a formal procedure which obviously PLN 1,200,000; cash bingo arcade – PLN 60,000; offline betting –
is not a modern one. Depending on the type of licence sought PLN 40,000 for betting shops (the law provides for an algorithm of
by the applicant, the law requires that a number of documents, calculation of the collateral, which depends on a number of shops);
enumeratively listed in a provision applicable to a given type of and online betting – PLN 480,000). The collateral is payable
licence, are provided together with the application. The Gambling within the deadline set out in the licence (usually, this is one year
Act provisions are vague and offer no guidance as to the content of the licence being issued, depending on the wording of a licence
of the documents required. For example, a betting operator who application).
intends to offer online betting must file, among other things, the The successful licensee must also pay a one-off licence fee which
technical documentation of the website which will be used to offer covers the entire period of validity of the licence. The fee depends
betting services to customers. The law does not provide for any on the type of licence: (i) for a casino – approx. PLN 1,432,000; (ii)
mandatory elements of the document. The regulator issued informal for cash bingo – PLN 246,000; (iii) for betting – it depends on the
guidance on what they expect to see in the technical documentation. number of betting shops covered by a licence; (iv) for online betting
However, even with the explanatory document in hand, the operator – PLN 403,000, assuming the licence covers one website address
who files the application should expect numerous requests from
used for offering betting. The licence fees depend on the average
the regulator, who normally asks for clarifications or additional
salary indicator, as annually revised by the Main Statistical Office.
explanations. Another example is a technical auditor’s opinion
confirming that betting slips are properly secured against being The licensee must file a gambling tax return every month and pay
tampered with by an unauthorised person. In this case no guidance the gambling tax (the rate depends on the type of Relevant Product
is issued; however, in practice, the regulator expects this opinion offered; for example, in the case of online betting, the tax is 12% of
to comply with requirements applicable to a formal opinion of an the total value of collected stakes without deducting payouts). The
expert constituting evidence in court proceedings. licensee is also required to provide quarterly reports to the regulator
and provide any such statistical, financial or other information as the
The procedure itself is challenging for applicants, in particular those
regulator may require.
who are a part of a multinational group. Each foreign document
must not only be translated into Polish by a sworn translator but also
it needs to be prepared in such a way which is understandable to the 2.5 Please give a summary of the following features of
regulator’s clerks who rarely deal with standardised documentation any Licences: (i) duration; (ii) vulnerability to review,
of foreign operators. This is, in particular, problematic in the case of suspension or revocation.
terms and conditions of the game, which are subject to the Minister’s
approval. The regulator has got used to a specific wording of that A gaming Licence is issued for six years; exceptions are as follows:
document which, needless to say, hardly resembles T&Cs currently (i) Licences for lotteries, raffle bingo games, promotional lotteries
used by foreign companies. (Luckily, in most cases, this is more and audiotext lotteries are issued for a period no longer than two
a presentation issue, rather than inadmissibility of a solution the years; or (ii) in the case of a poker tournament, for the period during
operator wants to have in their T&Cs.) Moreover, if the regulator which the tournament takes place.
determines (at its own discretion) that a given document fails to If a licensed operator breaches the law, the Licence issued to it or
comply with the requirements (which in some cases are not even provisions of its own T&Cs, the Minister of Finance may issue a
impliedly set out in the law), it will request the applicant to provide decision requiring the company to cure deficiencies within the
it within the statutory deadline of seven days. Again, this extremely period determined by the regulator. The regulator may revoke the
tight deadline is a challenge for any applicant, especially a foreign Licence in the following cases:
one. There is no possibility of extending this particular deadline (i) the operator fails to cure deficiencies in a timely manner;
under the law.
(ii) the operator materially breaches any provisions of law which
Once the formal requirements are positively verified by the regulator, apply to the gambling operations;
it commences the review of the file on the merits. During this stage (iii) the share capital of the operator is reduced below the statutory
of the process, the deadlines are determined by the Minister of minimum;
Finance; normally, one should expect a deadline of two weeks to,
(iv) the company decides to resign from operating games or does
even, 30 days. As these are not statutory deadlines, an applicant not offer them for a period of six months (the latter applies
may expect some flexibility on the side of the officials, if a given only to casinos and bingo game arcades);
document requires more time to be adjusted to the Minister’s needs.
ICLG TO: GAMBLING 2019 WWW.ICLG.COM 179
© Published and reproduced with kind permission by Global Legal Group Ltd, LondonWH Partners Poland
(v) a board member or a shareholder is convicted for a dirty (vi) betting: 12% of turnover or 2.5% (in the case of horse-betting
money laundering crime; or betting on other animal competitions).
(vi) two occasions in which a minor participates in games in the Other taxes apply to games offered by the monopoly.
same betting shop (does not apply to online betting);
In the case of betting, all licensed operators transfer the cost of
(vii) the company’s failure to provide AML documentation, the tax to the players (tax is deducted from wages before the bet is
as requested by the regulator, which would confirm its resolved). This increases the market vulnerability as, even though
compliance with AML laws;
blacklisting measures have been put in place, Polish players are
Poland
(viii) the company’s failure to provide audited financial statement financially encouraged to place bets with offshore operators.
(or when the auditor’s opinion indicates material breach of
accounting laws); or Winnings are subject to Personal Income Tax payable by players
(except for winnings in betting below PLN 2,280 and winnings
(ix) conducting gaming activity by a foreign EU/EFTA operator
without having appointed a representative for the period of at obtained in a casino). Betting operators must deduct the personal
least two months. tax amount and pay it on behalf of a successful player. This
requirement does not apply to betting operators who are foreign EU/
The decision on Licence revocation is effective at the moment of
EFTA companies (their customers pay the income tax on their own).
its receipt. This basically means that the operator who decides to
challenge the decision, even if the latter has been unlawfully issued,
must refrain from the provision of games during the process of the 2.8 What are the broad social responsibility
licence’s potential reinstatement. requirements?
The only requirement is that the operator must adopt standard
2.6 By Relevant Product, what are the key limits on
providing services to customers? Please include in responsible gaming rules which are subject to ministerial approval.
this answer any material promotion and advertising The regulator has its internal requirements, not published anywhere,
restrictions. on how the compulsory elements of the rules (for example, a
mandatory self-exclusion mechanism) should be addressed in the
The only type of gambling which can be advertised is betting, document.
provided it is offered by a licensed operator (in addition, some
of the Relevant Products may be advertised by the monopoly). 2.9 How do any AML, financial services regulations or
The restrictions applicable to advertisement of betting are payment restrictions restrict or impact on entities
similar in nature to those applicable to alcohol, i.e.: (i) it cannot supplying gambling? Does your jurisdiction permit
be addressed to minors or depict them; (ii) it does not associate virtual currencies to be used for gambling and are
game participation with physical or intellectual abilities; (iii) it they separately regulated?
does not suggest that gambling is a way of dealing with personal
conflicts or financial problems; (iv) it does not show refraining from The operators must provide AML documentation confirming the
gambling or moderate participation in games in a negative way; (v) legality of funds used to organise gambling under a licence. In
it does not depict waging higher amounts as a method increasing addition, the regulator may request additional documentation from
chances to win; and (vi) it does not associate gambling with sexual an operator during the Licence’s validity period. The Act of 1 March
attractiveness, relaxing, working or studying and/or a professional 2018 on counteracting money laundering and financing of terrorism
context, success in life or financial success. (which implements Directive 2015/849 into the Polish legal system)
imposes on gambling operators the duties of an “obliged entity” (as
In addition, there are prohibitions on placing betting adverts in radio
defined in the Directive). The Gambling Act, in addition, requires
and TV (unless after 10pm and before 6am), in press addressed to
that online betting operators use only payment methods (bank
minors, on covers of journals or magazines or in public places (except
transfers, credit cards, payment institution services, etc.) which
for sport or mass events sponsored by the operator). Advertisements
ensure that money used for betting originates from a verified source.
must include information on gambling-related risks, risks relating to
participation in unlicensed games and information about the permit
held by a given operator. 3 Online/Mobile/Digital/Electronic Media
Betting operators may also sponsor clubs, events, etc., and
disseminate information on such sponsoring.
3.1 How does local law/regulation affect the provision
of the Relevant Products in online/mobile/digital/
2.7 What are the tax and other compulsory levies? electronic form, both from: (i) operators located inside
your jurisdiction; and (ii) operators located outside
your jurisdiction?
Gambling tax depends on the type of games and is as follows:
(i) non-monetary lotteries and bingo: 10% of turnover (i.e. all
stakes paid with no deductions); In theory, there are no differences. Any type of Licence may be
obtained by either a Polish LLC or a joint-stock company, or by
(ii) monetary bingo or telebingo: 25% of the nominal value of
a foreign operator being such company. In the latter case, the
cards used for the bingo game;
operator must originate from an EU/EFTA country, currently
(iii) audiotext lotteries: 25% of the gross income of the organiser organise games in another EU/EFTA jurisdiction, and must appoint
obtained from the game and calculated in accordance with
a local representative (a Polish resident or a company established
applicable tax regulations;
in Poland) who essentially would act as an intermediary between
(iv) poker tournament: 25% of the winnings (with deduction of
the authorities and the foreign operator. The representative deals
entry fees), which is payable by the winning player;
with day-to-day matters of the operator (such as filing tax returns,
(v) slot machine game, roulette, dice game, card game (other fulfilling reporting requirements and providing the regulators with
than poker in a poker tournament): 50% of gross gaming
documents and access to premises during statutory audits).
revenue; and
180 WWW.ICLG.COM ICLG TO: GAMBLING 2019
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Operators from countries other than EU/EFTA may apply for a
licence only through a Polish/EU or EFTA-based subsidiary. 4.2 What form does enforcement action take in your
jurisdiction?
The requirements relating to the provision of online betting (i.e.
the only Relevant Product which may be offered on the Internet)
The authorities may commence formal investigations against
by a licensed company are the same for both Polish and foreign
persons involved in organising gambling games without a licence,
licensees (except for some duties which, in the case of the latter, are
those who advertise them in a way contrary to the law, or customers
by law assigned to a representative). These include: (i) archiving
Poland
playing unlicensed games. All such actions constitute criminal
requirements; (ii) introducing T&Cs and responsible gaming
fiscal offences. Under the Penal Fiscal Code of 10 September 1999,
rules which are subject to ministerial approval; (iii) ensuring that
in most cases the only potential sanction which may be imposed
advertisement practices are in line with requirements listed in the
on a foreign company which offers games on the Internet to Polish
law; (iv) filing monthly tax returns; (v) complying with the reporting
residents is the blacklisting of domains used to organise unlicensed
requirements (quarterly or ad hoc, as requested by the regulator);
games. The authorities focus on those people who are Polish
(vi) notifying the Minister of Finance of material changes in the
residents; usually, they target the players (sometimes using bank
structure (board member appointments/dismissals, change of
account information collected during other proceedings) or local
business name, shareholding changes, etc.); (vii) issuing winning
suppliers of foreign unlicensed operators (for example, those who
certificates, if requested by a customer; and (viii) evidencing
designed an advert or printed it).
winnings and certificates issued to the players.
4.3 Do other non-national laws impact upon liability and
3.2 What other restrictions have an impact on Relevant
enforcement?
Products supplied via online/mobile/digital/electronic
means?
Poland remains a part of the European Union. For this reason, the
The secondary legislation issued on the basis of authorisations relevant Polish regulations must comply with the requirements set
included in the Gambling Act require the operators to issue winning out in the Treaty on the Functioning of the European Union and the
certificates in writing. Under the Civil Code, these must therefore numerous decisions of the Court of Justice of the European Union
be issued on paper with a handwritten signature, which clearly is (CJEU). There are sound legal arguments that key provisions of
not a modern solution addressing current industry standards, where Gambling Act fail to comply with the aforementioned requirements.
most documentation is produced and distributed in electronic form. For example, based on the public announcement of highly ranked
Similar restrictions apply to records of winnings and certificates governmental and parliamentary officials, the recent amendment
issued to players which, under the aforementioned regulations, must to the Gambling Act (under which the blacklisting and online
again be kept in writing and with the use of official forms obtained gambling monopoly were introduced), the restrictive measures
from the regulator. adopted by Polish lawmakers were justified mostly by the need
to finance governmental projects rather than out of genuine care
about players and their protection. The law also includes solutions,
3.3 What terminal/machine-based gaming is permitted the wording of which itself raises doubts from the perspective of
and where?
their compliance with EU law (such as discriminatory measures
applicable to foreign operators during the licensing procedure, or
Terminal/machine-based gaming may only be organised in licensed unclear statutory conditions of issuing licences). The process of
private casinos or by the monopoly company. The latter has not verifying these arguments is complex and time-consuming, as it
commenced operating any gaming arcades as yet. requires the involvement of the CJEU. There are several proceedings
now pending in Poland, in which operators challenge the law and
decisions issued against them, also invoking EU law arguments. It
4 Enforcement and Liability
is unlikely, however, given the procedural steps and typical timing
of proceedings before the CJEU, that these proceedings will be
4.1 Who is liable under local law/regulation? completed before early 2020.
Under the law, the following persons can be held liable for 4.4 Are gambling debts enforceable in your jurisdiction?
breaching the Gambling Act: (i) those who organise them; (ii) those
who participate in the process of production or dissemination of Yes, assuming the debts accrued in the course of gambling activity
gaming advertisements which breach the law; and (iii) those who which is licensed in Poland.
play (provided that they played unlicensed games when they were
physically present in Poland, which in most cases appears difficult
for the authorities to prove). There are two types of liability 5 Anticipated Reforms
which may potentially apply: criminal (imprisonment or fine); and
administrative (fine). In general, both apply to individuals who
commit a prohibited act within Poland. 5.1 What (if any) intended changes to the gambling law/
regulations are being discussed currently?
Finally, the Gambling Act allows the Minister of Finance to blacklist
a domain which is used to organise unlicensed gambling to Polish
For the time being, no proposals are discussed or contemplated
individuals. By law, once a domain is included in the ministerial
by the lawmakers. It is likely that the only potential change in the
register (publicly available at http://www.hazard.mf.gov.pl),
Polish gambling regulations will depend on the outcome of several
Internet service provider (ISP) and payment service provider (PSP)
cases in which offshore operators challenge the Gambling Act and
blocking applies. The procedure does not involve notifying the
seek the support of the CJEU.
domain owner of the blacklisting, which raises doubts as to whether
it correctly protects the interests of individuals.
ICLG TO: GAMBLING 2019 WWW.ICLG.COM 181
© Published and reproduced with kind permission by Global Legal Group Ltd, LondonWH Partners Poland
Bartosz Andruszaniec
WH Partners
Level 5 Quantum House
75 Abate Rigord Street
Ta’ Xbiex XBX 1120
Malta
Tel: +48 603 304 305
Poland
Email: bartosz.andruszaniec@whpartners.eu
URL: www.whpartners.eu
Bartosz Andruszaniec has over 18 years of experience in advising
clients on various aspects of Polish and EU law. Bartosz gained his
expertise over 15+ years of work for the largest multinational law firms
as well as when running his own individual practice before joining
WH Partners. He is an experienced M&A, corporate and commercial
lawyer who has worked on the largest transactions in Poland (including
the PLN 18bn sale of a telecoms company, Polkomtel SA, and the
merger of the Polish banking subsidiaries of KBC and Santander).
Gambling is an area of particular interest for Bartosz. He has advised
the industry leaders for over 12 years, offering them regulatory,
compliance and commercial advice on a day-to-day basis.
WH Partners is a Malta-based leading law firm, with consulting rooms in London, Prague, Livorno and Warsaw. The firm has a well-established,
internationally recognised practice advising clients on regulation and licensing of gaming & gambling, blockchain applications and financial services,
tax, private client, M&A, banking and finance matters, intellectual property, data protection, real estate and employment law.
Its highly ranked gaming & gambling practice is comprised of a core team of globally recognised industry leaders, with multi-jurisdiction expertise,
complemented by cross-disciplinary lawyers from all relevant practice areas.
WH Partners is the exclusive member for Malta of Ally Law. More information on www.whpartners.eu.
182 WWW.ICLG.COM ICLG TO: GAMBLING 2019
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