What is illegal gambling?
Illegal gambling is gambling activity conducted in breach of the rules that regulate games of chance, betting and other gambling services. In Poland, the principal legal framework is set out in the Gambling Act. Whether an activity is lawful depends not only on the type of game, but also on such matters as the required concession, permit, notification, approved rules, place of operation and method of offering the game.
Illegal gambling may concern both organisers and participants. An organiser may face liability for running gambling activities without the required authorisation, outside the scope of an authorisation, or contrary to statutory conditions. A participant may also face consequences where they take part in gambling that is prohibited or unlawfully organised. The legal assessment always depends on the facts of the case and the applicable provisions of criminal fiscal law, administrative law and gambling regulations.
The term may cover land-based gambling, betting, slot machine activities, card games, lotteries, promotional lotteries and online gambling. Particular attention is often given to online services offered to persons in Poland by entities that do not hold the authorisation required under Polish law.
What does illegal gambling involve?
Illegal gambling does not only mean operating an unlicensed casino. It can include arranging or facilitating games of chance without meeting statutory requirements, accepting stakes, paying winnings, advertising prohibited gambling services or making technical infrastructure available for unlawful activities. Depending on the circumstances, responsibility may concern individuals managing the business, employees, intermediaries, payment service providers or other persons involved in the operation.
In Poland, certain gambling activities may be carried out only after obtaining an appropriate concession or permit, or after fulfilling notification requirements. Some forms of gambling are subject to a state monopoly. For example, online games of chance, other than mutual betting and promotional lotteries, are generally covered by the state monopoly, while online betting may be offered by operators authorised under the Gambling Act.
Issues concerning illegal gambling frequently arise in connection with foreign gambling websites. The fact that a platform is registered or licensed abroad does not automatically mean that it may lawfully offer gambling services to users located in Poland. The place where the service is marketed, accessed or directed may be relevant to the legal assessment.
Investigations may involve the National Revenue Administration, law enforcement authorities and public prosecutors. Authorities may examine financial transfers, website operations, advertising materials, communication between organisers and players, business records and electronic data. In some cases, websites may be entered in the register of domains used to offer unlawful gambling services, which may result in restrictions on access to those domains in Poland.
When is legal assistance in illegal gambling matters advisable?
Legal assistance may be needed as soon as a person or business receives a summons, notice of inspection, request for information, decision issued by an authority or allegation connected with gambling activity. Early analysis is particularly important where a business model involves online services, cross-border operations, promotional campaigns, payment processing or technology used by gambling operators.
Private individuals may seek advice after being questioned about participation in gambling, financial transfers to a gambling platform or their role in organising games among other persons. Entrepreneurs may require support before launching a betting-related service, conducting a marketing campaign, entering into a cooperation agreement with a gambling operator or responding to an inspection.
A prompt consultation with a lawyer can help identify regulatory risks, preserve relevant evidence and avoid statements or business decisions that may worsen the client’s position. It may also help limit the risk of financial penalties, criminal fiscal liability, administrative consequences, disputes with contractors or damage to the business’s reputation.
Legal support in illegal gambling cases
Legal support in matters concerning illegal gambling may include, in particular:
- assessing whether a planned activity falls within gambling regulations;
- analysing concessions, permits, notifications and regulatory obligations;
- reviewing online gambling, betting and advertising activities directed at the Polish market;
- representing clients in proceedings conducted by tax, customs and law enforcement authorities;
- providing defence in criminal fiscal proceedings;
- assisting with inspections, searches, seizures and requests for documents or electronic data;
- preparing legal opinions, explanations and procedural submissions;
- advising on compliance measures designed to reduce gambling-related legal risk.
Need legal assistance with an illegal gambling matter? Contact us.