POLAND Law and Practice Contributed by: Marek Plota and Anna Klaja-Gogolewska, RM Legal
including advertising restrictions. The Minister exer- cises these powers through the KAS – in particular, the Head of the National Revenue Administration, direc- tors of revenue administration chambers, and heads of customs and tax offices. 9.2 Definition of Advertising Under the Polish Gambling Act, advertising of gam- bling games is understood as any public communi- cation involving the dissemination of trade marks, symbols, names or other identifiers associated with entities operating in the field of gambling. It also includes the sharing of information about where such games are organised and how participation is pos- sible. The definition adopted by the Polish legislature is broad and objective, focusing on the act of pub- lic dissemination rather than the intent behind it. It encompasses any activity that publicly exposes or associates a name, logo, or symbol with gambling operations, even where the communication does not explicitly encourage participation. This formulation deliberately extends beyond the traditional under- standing of advertising known from consumer law, removing the subjective element of intent to promote or influence consumer behaviour. As a result, even indirect or incidental use of gambling-related names or symbols in public spaces may fall within the scope of the advertising prohibition. In practice, however, the interpretation of advertising rules has been clarified by the minister competent for public finance. According to official explanations, online advertising of gambling services is not subject to temporal restrictions, meaning that licensed opera- tors may lawfully conduct marketing activities on the internet at any time of day. Unlike in many other European jurisdictions, Polish law does not impose broader marketing restrictions, such as a general ban on online advertising, prohibi- tions on offering bonuses or promotional incentives, or time-of-day limitations. Instead, the regulatory frame- work focuses on ensuring that only licensed opera- tors may advertise their services and that marketing content remains compliant with responsible gambling
principles and does not target minors or vulnerable individuals. 9.3 Key Legal, Regulatory and Licensing Provisions The regulation of gambling advertising in Poland is pri- marily governed by the Gambling Act, which sets out the legal framework for the organisation, supervision and control of gambling activities, including rules on advertising, promotion and sponsorship. Under Arti- cles 29–29b, the Act introduces the general statutory framework for gambling advertising and promotion, defining the scope of what constitutes advertising and identifying the limited circumstances in which it may be lawfully conducted. The provisions on advertising are designed to ensure that gambling remains a strictly regulated activity and is not promoted as a form of entertainment or investment. The legislature adopted an intentionally restrictive and preventive approach, aimed at limit- ing the social and psychological risks associated with gambling and protecting vulnerable individuals. All licensed and authorised entities are required to com- Advertising in the gambling sector in Poland is subject to strict statutory restrictions set out in the Gambling Act, which establishes a general prohibition on the advertising and promotion of gambling activities, as well as on the dissemination of information regarding sponsorship by gambling operators. Exceptions to this rule apply exclusively to licensed betting activities, and even then, advertising is permit- ted only under narrowly defined statutory conditions. Such advertising may solely concern operators hold- ing valid licences in Poland and must relate directly to their authorised offer. ply strictly with these provisions. 9.4 Restrictions on Advertising Advertising must not present gambling in a positive light or as a means of achieving financial success, social prestige or personal fulfilment. It may not sug- gest that gambling can resolve financial difficulties, improve wellbeing, or be regarded as a display of skill or success. Furthermore, advertising must not target
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