Skill Games vs Games of Chance in Poland: Where the Legal Line Falls

Whether a game is one of skill or of chance determines everything under Polish law: whether it is gambling, whether it needs a permit, whether it falls under the state monopoly and whether operating it is an offence. The line is narrower than most game designers assume. Here is how Polish law and practice draw it.

The statutory definition

The Gambling Act defines games of chance as games for cash or in-kind prizes whose outcome depends in particular on chance, and it lists specific types, including lotteries, dice games, card games such as poker and blackjack, and slot machines. Games on machines are defined separately and include games where the outcome contains an element of chance, even if skill also plays a role. The key phrase is the element of chance: it does not need to be the dominant factor.

How the test is applied

Polish administrative courts have consistently held that if the outcome of a game depends even partly on random factors that the player cannot control, the game contains an element of chance and falls within the Act. Games marketed as skill-based, such as certain arcade and quiz machines, have repeatedly been classified as games of chance where the timing, sequence or prize allocation involved randomness. The classification of poker as a game of chance is settled in Polish law regardless of the skill involved.

The binding classification decision

An operator uncertain about a game can apply to the Minister of Finance for a decision determining whether the game is a game of chance, a bet or a game on a machine within the meaning of the Act. The application must describe the rules and mechanics in detail and is subject to a fee. The decision is binding and provides legal certainty, but the Minister’s practice is expansive and many applicants receive the answer they hoped to avoid.

Practical categories

Pure skill competitions with no random element and judged on merit are outside the Act. Esports tournaments with entry fees and prizes are generally treated as skill competitions, provided the outcome depends on players’ performance and no betting on outcomes is offered. Fantasy sports with entry fees and prizes depend heavily on their design and have been treated cautiously. Any mechanic that pays out prizes on a random basis, including loot-box-style elements with real-world value, risks classification as a game of chance.

Consequences of misclassification

Operating a game of chance without a permit is a fiscal offence carrying fines and, for individuals, fiscal-penal liability, and it can also lead to seizure of equipment and domain blocking. Structuring a product as a skill game without a solid legal basis is one of the more expensive mistakes in the Polish market.

Our disputes and enforcement team advises on classification applications and represents clients in proceedings before the Minister and the administrative courts.