Poland Investigates Bookmakers: AI Deployed to Detect Dark Patterns

A significant wave of regulatory scrutiny is currently sweeping through the Polish gambling market. The Office of Competition and Consumer Protection, known locally as UOKiK, has launched a series of routine assessments targeting several major players in the mutual betting sector. Among those being reviewed are STS, Fortuna, Superbet, Bukmachers, E-toto Bukmachers, LV Bet, and Totalbets. These checks are not triggered by specific complaints but represent a proactive effort to verify that these companies are meeting their social responsibility obligations. The scope of the investigation is comprehensive, covering everything from mobile apps and websites to the fine print in terms and conditions.

At the heart of this investigation is the detection of ‘dark patterns’ - subtle yet manipulative user experience (UX) designs intended to influence player behavior negatively. These practices can range from misleading messaging to complex navigation that makes it difficult for a user to quit or set limits. To combat these sophisticated tactics, UOKiK is employing an advanced system powered by artificial intelligence. This AI is specifically trained to scan digital platforms and flag any shortcomings or manipulative elements that could lead to compulsive or destructive gambling habits. This move demonstrates a clear shift toward tech-driven regulation in the iGaming space.

Numbers and facts

The consequences for non-compliance are severe. UOKiK has the legal authority to impose financial penalties reaching up to 10% of a company’s annual turnover. For market leaders with substantial revenues, such a fine could be catastrophic. Beyond financial penalties, the regulator is scrutinizing the functionality of player safety tools. Specifically, the ease with which a player can distance themselves from gambling - via account closure or temporary suspension - is being tested. If a platform makes it intentionally difficult for a user to stop playing, it will be flagged by the oversight system.

„Mutual betting is a legal form of entertainment, but the gambling market has been covered by the legislator with special regulations. Their goal is to counteract addiction, the consequences of which can affect not only personal finances, but also family life and consumer health.“ - Tomasz Chróstny, President of UOKiK

Background

Another focal point for the UOKiK is the legal balance between the platform and the customer. The regulator is examining whether betting sites have established clear and fair rules regarding the cancellation of deposits, blocking of accounts, or disputing winnings. The goal is to ensure that players are not treated unfairly through vague or one-sided contractual terms. While Poland is taking this route, other European nations are also tightening their grip. In France, the ANJ recently moved against prediction markets like Polymarket for operating without a license and lacking safety mechanisms. Similar blocking actions have been observed in Germany, the Netherlands, and Belgium, indicating a unified European stance against unregulated or manipulative gambling products.

Why it matters for German players

For players in Germany, the developments in Poland underscore the importance of playing on regulated platforms. The German State Treaty on Gambling 2021 (GlüStV 2021) already mandates many of the protections that Poland is currently trying to enforce. When using a GGL-licensed casino found on the official whitelist, German players are protected from dark patterns and unfair terms. Systems like LUGAS and OASIS are in place to manage a cross-operator deposit limit of 1,000 Euro per month and ensure a nationwide self-exclusion register works effectively.

The Polish investigation serves as a reminder that the safety of a player often depends on the technical and legal oversight of the regulator. While German players are already under a very strict regime including the 1 Euro per spin limit for virtual slots, seeing other EU neighbors like Poland adopt AI-based monitoring shows that player protection is becoming increasingly data-driven. This makes it even more vital to avoid offshore operators from jurisdictions like Curacao, which do not offer the same level of consumer protection or transparency.

What it means for GGL-licensed casinos

Operators holding a license from the Gemeinsame Glücksspielbehörde der Länder (GGL) should take note of Poland’s use of AI. It is highly likely that German regulators will also move toward more automated monitoring of UX and UI elements in the future. Casinos that already prioritize transparent communication and fair withdrawal policies are well-positioned. The UOKiK's focus on ‘fair balance’ is a concept that aligns closely with German consumer protection laws. GGL-licensed casinos must continue to ensure that their player safety mechanisms are not just present but also intuitive and easy to use, avoiding any design that could be interpreted as a dark pattern.