Introducing “Games for Virtual Goods” Under Gambling Law
The proposed amendment seeks to expand Poland’s definition of games of chance to encompass “games for virtual goods,” described as internet-based game mechanisms that enable users to purchase randomly generated virtual items with real money. The legislation covers a range of in-game purchases, from cosmetic items and character skins to gameplay-enhancing elements, which the bill’s authors argue constitute games of chance due to their random nature and lack of player control over outcomes.
Central to the legislative proposal is the protection of minors, who represent a substantial segment of gaming audiences and face heightened vulnerability to impulsive purchasing behaviors and gambling-like patterns. The bill’s sponsors contend that the current regulatory vacuum allows unrestricted exposure of minors to randomized microtransactions, necessitating statutory intervention.
Under the draft framework, “games for virtual goods” would remain outside Poland’s state gambling monopoly, currently held by Totalizator Sportowy. Private operators could offer these services following license acquisition or, for smaller-scale operations, through a notification procedure. The approach draws partial inspiration from Belgium, where paid lootboxes have been formally classified as gambling products.
The amendment establishes requirements for internet-only operations, mandatory registration in Poland’s gambling games register, and adherence to approved terms and responsible gaming protocols. Notably, lawmakers propose exempting “games for virtual goods” from gambling taxation, viewing them as ancillary features to primary gaming products rather than standalone gambling offerings. See also more details covered in our extensive report 2025 iGaming Wrapped.
Broad Legislative Framework Changes
Implementation of the new category requires substantial modifications across Poland’s gambling act. The draft amends provisions governing license-required games, the authority of tax administration chamber directors, licensing procedures and maximum validity periods, and license fee calculation methodologies.
Simultaneously, the legislation excludes “games for virtual goods” from certain requirements deemed incompatible with their characteristics, including minimum prize thresholds and territorial operation definitions. The amendments are scheduled to enter force six months following official publication.
Minor Protection and Responsible Gaming Requirements
Lawmakers position minor protection as the legislation’s primary justification. Classifying “games for virtual goods” as gambling products triggers comprehensive responsible gaming obligations for operators.
Practical requirements include implementing responsible gaming policies, establishing robust age verification systems, and ensuring marketing materials on gaming platforms exclude targeting of individuals under 18 years. The classification brings these mechanics under existing prohibitions on minor participation in gambling activities.
Foreign-based operators must designate EU or EEA representatives to maintain regulatory compliance. The bill’s authors argue these measures are essential for effective oversight of paid lootbox operations within Polish jurisdiction.
Regulatory Rationale Behind Lootbox Oversight
The bill’s explanatory memorandum highlights the gaming industry’s monetization evolution in recent years. Lootbox-based revenue models have become predominant, featuring randomized rewards with assigned rarity values designed to encourage repeated purchases.
Industry experts have consistently warned that these mechanisms mirror traditional gambling products in their psychological and financial mechanics. The risks are particularly acute for younger users who lack sufficient risk awareness.
Without statutory regulation, the sponsors argue, Polish authorities cannot effectively restrict minor access to these features or mandate operator transparency in randomization processes.
Economic and Administrative Implications
The bill’s authors maintain the legislation will not increase public expenditure or create budgetary burdens. Potential revenue streams include license fees and penalties for non-compliance.
Administrative obligations are expected to fall primarily on major international gaming companies, with limited impact on small and medium-sized enterprises. The framework incorporates proportional requirements based on prize pool sizes to balance regulatory objectives with operator burden.
As the draft affects internet-provided services, notification to the European Commission under EU transparency procedures will be required before implementation.
Lawmakers assert the proposal aligns with EU consumer protection frameworks and reflects the regulatory trend evident in markets including Belgium and the Netherlands, where lootbox restrictions have already been implemented.
Industry and Regulatory Outlook
The draft now enters parliamentary review, including committee examination, expert consultation, and plenary consideration. Gaming operators serving the Polish market will need to evaluate monetization strategies, potentially restructuring lootbox implementations or withdrawing such features from Polish offerings.
Compliance preparations will require developing age verification infrastructure, responsible gaming frameworks, and revised marketing approaches aligned with the new regulatory requirements.
For European gambling regulators, Poland’s approach represents a test case for applying gambling oversight frameworks to video game monetization, an area where distinctions between entertainment products, microtransactions, and chance-based elements continue to blur across digital platforms.
Source: Parliament of Poland
