Part 2: Poland – growth at a price
front appear slim, according to Piotr Dynowski,
lawyer at Bird & Bird in Warsaw.
“Whether the monopoly in this respect will be
“They don’t publish any guidelines or position
papers to provide guidance to the market and
in general they refuse to meet and talk with the
relaxed or not depends to a large extent on the operators or even at public conferences or events
success (or failure) of the monopoly-operated on gambling market,” he says.
online casino, which was launched only very
“So from that perspective the relationship
recently (beginning of December 2018) with is much more difficult than in the UK or other
almost a year delay,” he says. countries where specialised gambling regulators
“If it will not be successful and will not be able
to attract a significant number of players, the
government may consider certain liberalisation of
exist and can be a partner for the operators to
discuss difficult issues.”
Moreover, to an extent, the government officials
online casino regulations and let private operators are also guilty of sending out confused signals
run such casinos as well in order to seek revenue on gambling and related matters. Polish officials
from taxes.” were among the signatories to a letter published
Instead of liberalisation, the government seems
more intent on pressing ahead with its blacklist
and IP and payments blocking strategy, although
in September last year which called on gambling
regulators to signal joint action over loot boxes.
Yet, as Dynowski complains, in response to
a plan for an expanded blacklist effort was a November 2017 complaint by an individual
scrapped last summer after complaints from data in relation to the use of loot boxes in the FIFA
and privacy campaigners. The current list contains 2019 game, it responded that under the current
about 2,500 entries. regulations it did “not see a legal basis to consider
such loot boxes an unlawful form of gambling”.
Regulatory guessing game
Unlike in other regulated jurisdictions, Poland Driving out the black market
does not have a gambling commission or gaming However, as he goes on to point out, the moves
board but instead the job of sector oversight falls with regard to blocking and the blacklist at least
to the Ministry of Finance. provide some support for the regulated sector.
“The officials are difficult to approach and it is
“Looking at the results of the well-established
difficult to even establish a working relationship betting operators in Poland in the last two
with a case handler,” says Bartosz Andruszaniec, a years since blacklisting and payment blocking
lawyer at WH Partners. mechanism was introduced, their revenues
“The regulator has a conservative approach doubled year-to-year and according to official
and has numerous tools in their hands (including reports the grey zone shrank by at least 50%.”
licence cancellation). Operators try to follow a
The official figures for 2017, released in
conservative approach to the law, even if in many September last year, showed that the sports
cases the provisions of law could be read much in betting market as a whole – land-based and
their favour.” online – grew, with turnover up 105% to PL3.41bn
The duties of regulating the system are
shared by the Ministry and the National Revenue
(€785m).
The tax receipts data showed that online drew
Administration and Dynowski says they are short in more revenue for the government than the
of qualified staff. bricks and mortar establishments at PL279m
Employers’ lobbying group the Polish Entrepreneurs Foundation
is calling for former grey market operators that now have licences
to be thrown out of the market altogether
iGaming Business Market Monitor • February 2019
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