POLAND Law and Practice Contributed by: Marek Plota and Anna Klaja-Gogolewska, RM Legal
4.4 Availability of Licences In Poland, gambling licences and concessions are not freely or automatically available. The system is highly restrictive and prescriptive, reflecting the legislature’s intent to maintain close state control over the gam- bling market. 4.5 Duration of Licences The duration of licences and concessions under Pol- ish law depends on the type of gambling activity. A casino concession and a licence for mutual betting is granted for a period of up to six years, with the pos- sibility of renewal upon application. Licences for other gambling activities, including cash bingo, raffles and promotional lotteries, are generally issued for a shorter period, typically up to two years. Where gambling is organised under the state monopoly, the activity con- tinues under a statutory authorisation rather than a time-limited licence. 4.6 Application Requirements Licensing and Regulatory Framework To obtain a licence or concession to operate gambling activities in Poland, an applicant must be incorporated as a limited liability company or joint-stock company with its registered seat in Poland, or operate under an equivalent corporate form within the EEA. Pursuant to Article 7a of the Gambling Act, companies established in another EU or EFTA (European Free Trade Associa- tion) member state that is a party to the EEA Agree- ment may conduct gambling activities in Poland on the same terms as domestic entities. However, such companies are required to establish a representative office or branch in Poland to enable effective regula- tory supervision. In each case, the registered share capital of the appli- cant must be not lower than PLN2 million (approxi- mately EUR465,000) or the equivalent in another cur- rency in the case of a foreign company. The company must also appoint a supervisory board responsible for overseeing the operations of the management board. In jurisdictions where such a body does not exist, the supervisory function may be performed by an internal committee, with its role and authority defined in the resolution on appointment.
The application process is comprehensive and doc- ument-intensive. Applicants must submit complete corporate documentation, including details of the ownership structure, share capital, and evidence con- firming the lawful origin of funds used to establish or finance the business. They must further demonstrate financial stability and integrity, supported by criminal record certificates for all members of the management board, shareholders and beneficial owners, confirm- ing the absence of convictions for fiscal, economic or corruption-related offences. In addition, each appli- cant is required to prepare and submit game rules and a detailed responsible gambling policy in line with statutory obligations. Online Gambling Requirements Operators offering gambling services online are sub- ject to additional obligations reflecting the specific risks associated with remote gambling. Their systems must be hosted on servers located within the EEA and operate under a Polish top-level domain (.pl). They are further required to provide the competent authori- ties with real-time access to operational and transac- tional data. Online platforms must incorporate robust player identification and verification mechanisms, as well as automated tools for monitoring transactions and enforcing responsible gambling limits (including deposit and time restrictions). All payment processing must be carried out through certified financial institu- tions. Technical and Supplier Obligations Suppliers of gaming software, systems and equip- ment are not subject to separate licensing; however, they are required to ensure that all devices and sys- tems used by operators are certified and registered in accordance with statutory technical and fiscal stand- ards. Such suppliers must also maintain their data infrastructure within the EEA. Land-Based Versus Online Operations The principal distinction between land-based and online operators lies in the technical and localisa- tion requirements applicable to each. Land-based operators are bound by stringent regulations regard- ing premises, surveillance and access control, while online operators are subject to extensive obligations concerning IT security, data localisation, remote moni-
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