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In the Spring edition of GambleVision, which was held in France, American editor Anna Martin covers the “Issue of legality in the gambling industry” competition. Our go-to gambling guide and expert Milan Rabszski was a part of this event and won the laurels from the judges for his presentation. “Legalne kasyna” or legal casinos have been a long-discussed and debated topic in Poland, and we finally have a line differentiating legal and licensed casinos. Let’s take a look at Milan’s presentation through Anna’s perspective and learn the difference for ourselves.
Legal Casino
On Polish soil, both internet and land-based gaming are legal. However, the country’s strict regulatory structure has forced the majority of betting operators out of the country, impeding the growth of the entire gaming business.
Private gaming firms find it nearly impossible to comply with the Polish regulators’ vague yet stringent regulations. So in this case, a legal casino is one that is regulated and authorized by the state and registered to a Polish address.
Licensed Casino
In the case of a licensed casino, Milan specifies the ones that are regulated by non-Polish bodies. There are many gambling regulating bodies from the UK, Malta, and other countries that give out licenses to land-based and online casinos. However, in Poland, these aren’t legal, as they aren’t registered to a Polish address or authorized by the state. These casinos may allow Polish players to play but cannot set up shop in Poland for a wider reach.
The Legal Casino Scene in Poland
The Minister of Finance oversees all forms of gambling, including those conducted online and in brick-and-mortar casinos. For the time being, the Polish market does not have a specific gaming regulatory body. Casino and betting licenses are issued by the Ministry of Public Finance to licensed operators.
Licenses can be revoked by the Minister of Finance if it is determined that a gaming establishment is operating in violation of Polish legislation. On request, the Minister of Finance has the authority to intervene and evaluate whether a certain activity should be classified as gambling.
The National Revenue Administration is also given lesser regulatory authority (NRA). The latter is a government agency tasked with overseeing tax and customs obligations. The NRA is also in charge of issuing the majority of administrative penalties for violations of license criteria.
Basis of Regulation
The 2009 Act on Gambling Games rendered it unlawful to provide internet gambling services to Polish citizens until revisions were implemented. Prior to the authorization of online gambling, local gamblers relied on overseas websites to place bets. The Ministry of Finance vowed to penalize nationals who gambled on foreign websites because of the country’s enormous popularity with online gambling.
However, the threat in reality only targeted Polish people who work in the gambling industry, not Polish citizens who play for enjoyment or minor bets. Using an offshore internet casino has so far had no negative implications for Polish players. The Polish government amended the Act on Gambling Games in 19 November 2009, and the new rules took effect immediately. The new rules give the state a monopoly on Internet gambling.
Exceptions are made only for betting and promotional lotteries. Private enterprises can run these as long as the Polish government gives valid licenses. The Polish Prime Minister must exercise a governmental monopoly.
In addition, the changes specify the standards that operators must meet and the taxes they must pay. Online gaming licenses are granted to companies with registered offices in Poland.
The One That Got Through the Cracks
Various gaming licenses are issued by the Polish government. Sports betting and land-based gambling necessitate the acquisition of a separate license. Only private organizations with the necessary authorization can offer mutual wagering and lotteries online. There is now only one online casino in the country. Total Casino is owned and operated by Totalizator Sportowy, a government-owned company.
Online operators must provide a variety of documents when seeking a license in Poland. The Polish Gambling Act, on the other hand, makes no mention of the substance of these publications. Licensing is a lengthy and time-consuming process. Although local authorities may extend it, the formal process takes around a year.
Applicants must also have had their licenses for at least six years previous to the application deadline. The reputations of the board of directors and the owners are also taken into account by the Polish regulator. In the EU, no one with a criminal record can obtain a license.
How Does Licensing Work?
Getting an online casino license is only the first step. The approval of the special gaming committee ensures that the activity is legal and that winnings are guaranteed. Games of chance such as slots, poker, roulette, lottery, and sports betting all require a gambling license.
A gaming license for online casinos certifies the following:
- The purchase of leading software;
- The casino is honest and trustworthy;
- There are reliable payment methods on the website;
Norms and Rules
Each jurisdiction has its own set of laws and regulations that are established into law to ensure transparency. To obtain a gambling license, an operator must follow both the law and the license’s terms. The number of rules and restrictions an operator must follow varies by jurisdiction. For instance, Curacao includes:
- The operator must develop a policy to prevent gambling addiction;
- The operator must always display the license type’s logo (master license or sub-license);
- RNG certification enforcement.
How Is It Enforced?
Regulation is generally implemented to protect players and maintain the industry’s high standards of quality and transparency. Formal enforcement, penalties, license suspension, and criminal prosecution are all part of the package.
Non-compliant Curacao gambling license holders are usually fined administratively. The court may impose several sanctions (including imprisonment).
Control Boards
A gaming control board is a body that regulates the gaming industry, and each country has its own. In the case of Poland, it is the Ministry of Finance.
Who Is Responsible for Handing Them Out?
Numerous authority bodies provide licenses to operators. They only hand them out when the operators check all the necessary boxes and sometimes more. Obtaining a gaming license is analogous to obtaining a banking, insurance, or exchange license. They cover bookkeeping and auditing, as well as the game’s functionality and a detailed description of the company’s operations.
- A company’s reputation is influenced by the owner’s and employees’ credit histories;
- The company’s structure and finances are examined to see if they can support a full-fledged online gambling operation.
At present, these are the top players in the iGaming industry:
- Curacao
- Malta Gaming Authority
- Alderney Gambling Control Commission
- Isle of Man Gambling Supervision Commission
- Gibraltar Licensing Authority
- Kahnawake Gaming Commission
- UK Gambling Commission
Curacao is the quickest and easiest on the list for license applicants. Owners can reinvest their entire profit as they enjoy 0% Vat and 0% tax rate. The Kahnawake Gaming Commission provides 0% gaming tax while Malta Gaming Authority has tax benefits as low as 5%.
These are the most common regulators to provide licenses. However, which one is best is defined by what the casinos need. When compared to the Ministry of Finance, they are less stringent regarding their requirements but fall short in comparison, as their licenses hold no legal value.
Licensing Authority In Poland
The Minister in charge of public finance has general supervisory jurisdiction over gaming. Among the responsibilities of the minister are:
- Deciding whether or not specific products should be classified as gambling products;
- Issuing casino licenses and permits for bingo saloons and betting operations.
The National Revenue Administration (NRA), a state body in charge of taxes and customs, is in charge of day-to-day supervision and enforcement of the gaming market in Poland. Directors of Revenue Administration Regional Offices are authorized to issue gambling product permits within the NRA. In general, Revenue Administration Regional Office Directors supervise the gaming market, while Heads of Tax and Customs Offices are in charge of issuing fines for non-compliance with gambling legislation.
Poland’s Favorite Casino
Milan gives Total Casino a thumbs up after doing extensive research on it. Players aren’t won over by the sheer number of titles in their library, but rather by the high quality of those titles. Their first-time customer reward program is equally outstanding.
Total Casino is owned by the well-known sports betting company Totalizator Sportowy and is run under a state license. According to the National Register of Legal Online Casinos, this company is a legal online casino http://topkasynoonline.com/licencja-na-kasyna/. Since this casino is renowned and legitimate, you can rest assured.
The casino has everything you would want from a reliable platform.
- A wide variety of games
- Multiple device compatibility
- No limits on withdrawal
- Common payment methods are available, including Blik, Przelewy24, Paysafecard, Bitcoin, and Ecopayz
- A welcome package and great bonuses
- Reliable customer support
According to the European Gaming and Betting Association, people who play casino games will go up by 80% in 2022. Polish players, on the other hand, enjoy gambling on Total Casino, as records state their revenue was a whopping PLN1.82bn in 2020 alone. Though 25% of the gamblers tend to reach out to offshore casinos for a wider range of games and other bonuses, most Polish gamblers know this is illegal.
Conclusion
TopKasynoOnline’s editor-in-chief Milan Rabszski works day in and out on his pet project. The site is a safe space created by Poles for Polish players, and you will find everything you need to know about gambling in Poland on the website. Now that you know the difference between legal and licensed casinos, you can pick where you want to play after listening to TopKasynoOnline’s podcasts by their experts for more insights. Reach out to them at their address in Złota 59, 00-120 Warsaw. call the Portal Manager on +48 22 595 14 00. or simply email at [email protected].
Note: Unfortunately, at the time of writing the article in March 2022, gambling is illegal in Poland, so the content in this article is used only for informational purposes and is available to users outside of Poland.
