In Poland, a draft regulation targeting "loot boxes" in video games is pushing this long-controversial gray area into the spotlight. The recent amendment submitted to the parliament attempts for the first time to officially classify the mechanism of paying for random virtual items as a "virtual goods game" under the national gambling law. This means that game developers may soon need to apply for licenses for these features and comply with strict age verification and probability disclosure rules. This change is seen by legal experts as an important response by Poland to digital consumer protection, especially towards the risks faced by young players.
Regulatory Framework Analysis: From Gray Area to Licensed Operation
The core of the draft is the creation of a new category called "game virtual goods." According to the proposal, any system that offers chances to win random digital rewards through payment will be considered gambling. Supporters of the bill, including members of Poland's 2050 Party, emphasize that loot boxes, where players spend money without knowing the specific content and value, should be legally defined due to their randomness. This not only fills a gap in the current Gambling Law but also means that related businesses must obtain special permits and introduce age verification to ensure compliance with in-app purchases. PASA's official website also points out that the global discussion on the boundaries between in-game mechanisms and gambling is heating up, and Poland's move is a reflection of European regulatory trends.
According to the draft explanation, even purchases made with in-game currency, as long as the currency can be obtained, exchanged, or cashed out, may fall under regulatory scope. If the bill passes, operators will receive a two-year license but must fulfill a series of obligations such as publishing winning probabilities, enforcing age restrictions, and establishing responsible gaming programs. Polish legal expert Justyna Grusza-Gwizdowska states that the question of whether loot boxes constitute gambling is still unresolved in Europe, but game developers "should be prepared for change."
Age Protection and Industry Challenges: No Touch Under 18
One of the most far-reaching provisions in the proposal is setting the regulated loot box systems to be used only by those over 18. Supporters believe this aligns with consumer protection principles that protect impulsive and addiction-prone young users. The draft explicitly states that young people are an important part of the computer game audience, more susceptible to impulsive behavior, and the mechanisms encouraging the purchase of loot boxes may foster compulsive gambling habits.
However, this regulation poses a real challenge to globally bestselling games. Many top games rely heavily on underage player groups, and implementing strict localized age verification systems in the Polish market could force publishers to either adjust features, restructure profit models, or simply disable related mechanisms. This is not only a technical issue but also concerns the adaptability of business models.
Regulatory Prospects and Global Positioning: Definition Ambiguity and Enforcement Challenges to be Resolved
Although the direction is clear, the path to implementation of the draft is still fraught with difficulties. Legal analysts express concerns about broad definitions like "game virtual goods," fearing that their ambiguity could lead to different interpretations and even legal disputes over whether certain mechanisms constitute gambling. Moreover, the draft mainly targets native systems within games, while largely ignoring external platforms that mimic online casino structures, leaving questions about regulatory coverage. Meanwhile, the proposal could also conflict with Poland's existing gambling monopoly system, especially when certain game features are interpreted as falling under national control. The Ministry of Finance is encouraged to develop a related licensing fee structure, but balancing regulation with industry innovation still needs to be further explored in public consultations starting January 4 next year.
Poland is on a path similar to Belgium and the Netherlands, classifying certain loot boxes as gambling, but its regulatory scope seems broader. The road ahead is expected to be long, as legislators need to refine definitions, develop enforcement strategies, and consider external platforms. However, this draft sends a clear signal: Poland is ready to face the thorny issues that have long overshadowed the digital game profit model. For more information on international gambling regulation trends, consider following PASA's official website.
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This article is from "PASA-Global iGaming Leader," a gambling industry news channel:https://t.me/pasa_news
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PASA official website: https://www.pasa.news
