Gambling Law In Poland
Appearance and fast development of Internet has led to a forthcoming of particular life things that as a result became an inherent part of our daily routine. Most people couldn’t stand before gambling games and even laws that prohibit gaming business are not able to overcome a gambling passion. As it appeared, approximately a half part of mankind is able to enjoy online gambling in different variations legally in the generally accepted legal age of 18.
- Is Gambling Illegal In Poland
- Gambling Regulation In Poland
- Online Gambling Legal In Poland
- Gambling Law In Poland Today
- Gambling Law In Poland 2020
- Gambling Law In Poland Vs
Millions of gamblers all over the world are the best evidence of rash online gambling evolution. The improvement of new technologies made online casinos more available for those people who have never dreamt about it. There are currently approximately 70 – 80 world countries where online gambling games are legalized and prospered.
Play or Not to Play - Gambling Law Question of Gamblers Worldwide
In 2017, the principles of the functioning of the gambling market in Poland were regulated by the Act of 19 November 2009 - Gambling Law (Journal of Laws of 2018, item 165, as amended), hereinafter referred to as the “Gambling Law” and the implementing regulations thereto. The situation modified in 2010 when the country adopted a rather restrictive law, followed by a change in 2011. Both laws on online gaming were enacted. Gambling Law states that all types of online activities are banned, with the exclusion of sports chances. Poland is currently working on online sports betting license system. Gambling in Poland really took off after the breakup of the USSR, where it flourished for a number of years without really much impeding it in the way of laws or regulations. Then, in 2010, the Polish government passed a pretty restrictive piece of legislation which still permitted gambling but did so under fairly tight restrictions.
Online gambling is one of the advanced and profitable spheres in a global net but not all countries implement it. For that reason in many countries, the online gambling industry is
in great demand and in other countries officials keep it under lock and key. If you think of becoming a global frequent client of online casino you have to remember about online gambling regulations in different countries and, of course, in your homeland. In today’s globalization and integration of international business each country has its laws that in a general way determine the object of the gambling industry.
The policy of the countries according to online gambling regulation can be divided into several versions:
- Absolute embargo. In this case, there is legislatively fixed restriction in online gambling. However, offline casinos can be legalized.
- Partial restriction. Let us suppose, betting offices and totalizers are permitted, but cards game and roulette are forbidden.
- Indirect restriction. In Belarus President's Edict clearly indicates what gambling games can be permitted. But there is no online gambling in the list. Nevertheless, booking offices are permitted to take online stakes and in that way to pay winnings.
- A tacit agreement. There is no particular law and penal policy of a government. Everybody pay taxes and nobody touches them.
A nightmare of gambler is to find him in a country with illegal online gambling
Online gambling business has substantially taken his stand as the profitable industry and weirdness of his regulation. It is really getting tough for offline casinos that work hard to cut down and restrict Internet use for gambling. But it is just a fight with the windmills.
Online casinos are illegal in 39 countries. So if you are a traveling gambler, firstly check the “black list” of countries before getting into the unfortunate situation.
COUNTRIES RESTRICTED TO PLAY ONLINE CASINO:
In 93 countries situation is more interesting and online gambling is neither prohibited nor permitted. Such territories called “gray” or “hanging”.
Is Gambling Illegal In Poland
HANDING COUNTRIES:
Japan, Canada, and China are relentless foes of online gambling legalization and up to date, wage the war not only against online casinos but also internet banks that support gambling industry.
Russian legislation forbids the activity of providing and organizing gambling games with the application of information-telecommunication systems, including Internet. But there are no restrictions for making bets on foreign gaming resources.
In Lybia, online gambling is compared with a witchcraft or black magic and has criminal responsibility.
Countries of the Muslim world, including Turkey and Egypt, are strictly prohibited playing any gambling game because of laws of the Koran.
The strongest online gambling hit was made by the USA where authorities released a prohibition of unhappy memory called UIGEA that forbids gambling companies to make any money transactions via Internet. In consequence of law- breaking there is an administrative and criminal responsibility (5 years of jail). Many foreign casinos refuse Americans in online gambling participation. However that may be, there is the biggest amount of gamblers in this country.
Each state provides its own policy and online gambling legality can be considered from different points of view. In some US states, gambling games are outlawed. In Nevada legislation permits online gambling inflexibly controls this sphere and gets taxes.
Gambling Regulation In Poland
European loyalty and favor to online gambling as a guarantee of efficient benefits
As a rule, the first reaction on new modern ideas in society and technologies is a reaction of European countries including online games. European online gambling regulations are in developmental stage. While the whole world, headed by the USA, tries to find out new methods of combating with online gambling, European countries mind up the decisions for profitable benefits.
Online gambling in the UK is due to a perfect legislative regulation, reasonable tax assessment system and an old history of online gambling. Up to date, online casinos in the UK are permitted in the presence of online gambling licenses from the “white list countries”.
For Italy such games as online roulette, poker, blackjack etc. are absolutely legal but with several limits. For example, fixed limitations on monthly money loss and, in the case of limits reaching, the access to online casino is blocked.
Eastern Europe has a great potential of online gambling development in such countries as Romania, Slovakia, Slovenia and the Czech Republic. Ukraine is also getting a perspective direction in the development of online gambling games. However, in Poland, the government recognizes online gambling as an illegal affair in order to protect gamblers that unconsciously pour money down the drain.
Gibraltar and Malta are two European countries which called “tax paradise” for online gambling games as there are no limits for its development. Malta was the first country that regulated the law of online gambling. Nowadays the popular online casinos, poker rooms, and betting offices use the licenses of this country. The popularity is explained by low taxes, easy licensing and perfect control system of giving out services. Gamblers here are safe and sound as the reputation of those countries is allowed to trust their funds to companies with secure licenses.
Online Gambling Legal In Poland
As you can see, European views of online gambling problem are substantially different. And to this day is hard to understand the authorities of some countries that try to take care of their citizens or financial part of this issue. Why do not adopt the experience of countries that luckily regulate online gambling and receive quite good incomes to the budget?
Online gambling is not as black as it painted
On a global basis, controlled and adjustable online gambling business represents a quite nice outlook. The distinctive feature of gambling is an application of latest technological elaborations. Somewhat exactly online gambling galvanizes improving technologies, burnishing it and testing permanently in order to enhance the quality of software. That’s why authorities in different countries come to understanding that necessity of online gambling legalization is not only important but also economically advantageous for countries development.
Gambling in Poland really took off after the breakup of the USSR, where it flourished for a number of years without really much impeding it in the way of laws or regulations. Then, in 2010, the Polish government passed a pretty restrictive piece of legislation which still permitted gambling but did so under fairly tight restrictions.
The 2010 legislation primarily targeted land-based gambling operations, but it was quickly followed by further legislation in 2011 which dealt with online gambling more specifically. (1)
So there still are casinos operating in Poland, a total of 25 in fact spread around the country, with 20 of them offering live poker across a total of 55 poker tables. So we’re talking very small poker rooms in general, but Polish residents still do have access to legal and regulated live poker if they choose. (2)
The current law in Poland does not sit well with the European Commission though, and since Poland is now a member of the European Union, they are at least subject to the opinion and the rulings of the European Commission.
The Commission has been active in the last few years in looking to convince other member countries to loosen up their gambling laws, especially in countries that have set up monopolies on gambling, as this is seen as an undue restraint on the free trade atmosphere that is at the forefront of the European Union.
The main problem that officials have with the Polish regulations is that they have been found to be too restrictive as far as the issuing of licenses is concerned, particularly the requirements for companies to essentially be Polish to qualify. (3)
There’s little doubt that current regulations have stifled the Polish gambling market, and pressure has been brought to bear on the Polish government for them to relax this, and there has been some success that has been achieved here.
Countries in the EU don’t enjoy quite the autonomy here that countries normally enjoy, meaning making whatever laws pertaining to gambling that they see fit, as the EU does have some latitude in prescribing how business is conducted in a member country, to some degree, even though countries affected often object to this. Over time though the pressure that the EU can bring to bear is something that at least has an influence on things and ultimately they can force the countries to comply, although the process is usually a pretty lengthy one.
So it’s been over 4 years now since the new Polish regulations have been in effect and some progress has been made already. In 2014 Polish officials relented in allowing payment processors such as Neteller and Skrill to be used as payment processors for online gambling transactions, which at least made it more convenient for Polish players to move money in and out of gambling sites, so some progress is being made here at least. (4)
Online Poker in Poland
The Polish Gambling Act of 2011 prohibits online poker altogether and the only online gambling it permits is sports betting at one of four licensed online sites. While they did relent lately as far as what payment processors they allow for online gambling, the regulations do not accommodate licensing any Polish sites for poker, as poker is seen as a game of chance as casino games are, as opposed to sports betting which is seen as more of a game of skill.
People have argued that poker should be seen as a game of skill as well, although thus far these arguments have fallen upon deaf ears in the Polish government. While this debate goes on, less than 10% of Polish players play at Polish licensed online sites, and it is said that the government is missing out on about €142 million in lost tax revenues due to their unwillingness to regulated and tax online gambling in general. (5)
The regulations concerning the expanded list of payment processors don’t just apply to Polish licensed online sites, they apply to any site in the European Union, as this change was brought on by pressure from the EU and the EU’s stance has always been to open up markets to any EU company, and this applies to online gambling as well.
So the Polish government is now placed in a situation where almost all online gambling in Poland, including all online poker, takes place at sites outside the country, and they not only have to tolerate it and miss out on potential tax revenues, they now have been forced to assist them in making it easier for Polish players to move money in and out of these foreign gambling sites.
As far as Polish online poker players go, they couldn’t be happier with the way things are now really, or at least they should feel this way, as this is really the best of outcomes for them. They can now have their transactions processed more easily, play where they want, and not have the sites they play at be subject to either ring fencing where they would then only be able to play against other players from Poland, severely effecting the player pool available in a negative way, and/or have the poker sites they play at be subject to the higher tax rate that Poland would certainly impose over the tax rate that the poker sites pay now in their much friendlier tax jurisdictions that they are currently in.
So Poland may continue to “ban” online poker as it does now, but this ban really has little practical effect, as players continue to play on these sites, and there’s not a whole lot that the Polish government can do to stop them. As long as people have an internet connection and poker sites will accept them, as they do now, they will play and play when and where they want.
So whether or not the EU continues to put pressure on Poland to relax their stance on online poker, or whether or not the government comes to their senses more and realizes that they are the real loser here, online poker is very alive and well in Poland and there’s no reason why this won’t continue to be the case regardless.
References:
Gambling Law In Poland Today
(1) Gambling Laws in Poland
(2) Poland Poker Rooms
(3) Polish Draft Legislation Fails EU Screening Test
(4) Poland’s Gambling Legislation Costs Millions
(5) ibid.
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