We are pleased to share that Kiełtyka Gładkowski KG Legal has published an expert contribution in Infor, one of Poland’s leading legal and financial publications, devoted to one of the most intriguing regulatory phenomena of the digital economy: loot boxes in video games.

“Loot boxes in video games: between gambling law and consumer protection – a regulatory analysis under Polish and European Union law”

The article goes far beyond the classic “are loot boxes gambling?” debate. By analysing the actual monetisation models used in modern games — particularly microtransactions involving paid acquisition of virtual packages with randomised content — we examine how these mechanisms interact with:

• Polish gambling law and the statutory definition of a game of chance,
• EU consumer protection rules,
• digital services regulation,
• taxation and compliance considerations,
• and emerging concerns related to behavioural design and dark patterns.

One of the key conclusions is that the regulatory importance of loot boxes stems not only from their possible resemblance to gambling mechanisms, but also from the fact that such systems are frequently used by inexperienced consumers, including minors, who may be especially susceptible to manipulative design techniques aimed at increasing engagement and spending.

This is precisely the type of cross-sector regulatory issue in which our team has extensive experience — combining expertise in technology law, highly regulated industries, digital services, compliance, consumer protection and EU regulatory frameworks. We are proud that this experience is reflected in publications appearing in professional journals such as Infor.

Read the article here: Infor – Loot boxes in video games: between gambling law and consumer protection

Artykuł Kiełtyka Gładkowski KG Legal has published an expert contribution in Infor, devoted to loot boxes in video games pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

The holiday season is in full swing, but our litigation team remains fully alert — and fully engaged. The best proof: ongoing preparations for proceedings before the General Court of the European Union in Luxembourg in one of the most complex categories of disputes — EU grant litigation.

What is the dispute about?

We represent a client — a beneficiary of a grant awarded under an EU framework programme — in a dispute with the European Innovation Council and SMEs Executive Agency (EISMEA). At the heart of the dispute lies the allegation of so-called technology abandonment (departure from the technology) — the EU agency’s claim that, in the course of the project, the beneficiary departed from the technology on which the funding decision was based, which, in the Agency’s view, justifies a demand for repayment of the funds.

This is one of the most difficult and most judgment-laden categories of allegations in grant disputes. The line between impermissible “abandonment” of a technology and the natural — indeed expected — evolution of a solution in a research and innovation project is fluid, and where that line is drawn determines the fate of the entire funding. Disputes of this kind require navigating simultaneously the grant agreement regime, European Union law and the technological specifics of the project.

A direct action before the EU General Court

The dispute will be brought before the General Court of the European Union by way of a direct action based on the arbitration clause contained in the grant agreement (Article 272 TFEU). As part of the preparations, our attorneys-at-law have set up individual representative accounts in e-Curia — the mandatory electronic filing system of the EU courts — and stand ready to represent the client at every stage of the proceedings in Luxembourg.

What does this mean for you?

If your company is implementing, or has implemented, an EU-funded project (Horizon 2020, Horizon Europe, EIC Accelerator and others) and you have received a letter from an EU institution questioning the implementation of the project, an audit notification, a debit note or a repayment demand — you are not without recourse. Decisions and demands of EU executive agencies are subject to review, and beneficiaries have real legal remedies at their disposal, including judicial proceedings before the EU General Court.

Our litigation team combines experience in civil and commercial disputes with hands-on knowledge of EU law, the EU grant regime and the procedure before the EU courts.

Feel free to reach out — holiday season included. We are not slowing down.

Artykuł Summer holidays? Not for our litigation team. We are preparing a dispute before the EU General Court pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.

1. Reports only via e-Sanepid

Every dietary supplement introduced to the market for the first time must be reported to the Chief Sanitary Inspector (GIS). Until now, various forms were acceptable – paper or electronic, with a handwritten or electronic signature. After the amendment comes into effect, the only acceptable method will be the e-Sanepid platform.

What does this mean in practice?

• It is necessary for each person submitting notifications to have a qualified electronic signature or a trusted profile.
• All communication with sanitary inspection bodies – letters, decisions, and confirmations – will be handled through the platform account. The moment of notification submission will be clearly confirmed with an official receipt, eliminating disputes over the deadline.
• Companies that have previously used paper forms or traditional correspondence must immediately switch to the new channel and ensure appropriate employee training.

The change also concerns the timing of the notification obligation: the previous option to notify the Chief Sanitary Inspectorate (GIS) at the stage of intended product introduction is no longer available. The obligation now arises at the time of actual introduction to the market.

2. Strict deadlines and automatic presumption of irregularities

The amendment introduces a completely new mechanism for conducting investigations. This change has the greatest potential to surprise companies without effective internal compliance procedures.

How does the new mechanism work?

If the Chief Sanitary Inspectorate initiates an investigation and requests the entity to submit a scientific opinion, the company has exactly 14 days to submit an application to an accredited scientific unit – at the same time forwarding a copy of it to the Chief Sanitary Inspectorate.

The mechanism for presuming irregularities is a significant innovation. Previously, a company’s inaction during the proceedings did not automatically result in any legal consequences – the proceedings could drag on for years. Following the amendment, any failure to meet the 14-day deadline will lead to direct negative consequences, regardless of whether the product is safe.

3. Advertising without reporting? A fine of nearly one million zlotys

This change directly impacts brands engaging in active digital marketing. Previously, advertising or presenting a dietary supplement without prior notification to the Chief Sanitary Inspectorate (GIS) was punishable by a fine (a misdemeanor). Following the amendment, this becomes grounds for imposing an administrative fine – with new, significantly higher penalties.

What exactly is prohibited?

The amendment penalizes not only the sale of a supplement without reporting it to the Chief Sanitary Inspectorate (GIS), but also the mere advertising or presentation of it if the notification has not been effectively submitted. In other words:

• Sponsored post on Instagram or Facebook promoting a new supplement before notification = grounds for an administrative penalty.
• Product page in the online store visible to the public before successful reporting to GIS = risk of infringement.
• Promotional materials sent to wholesalers or distributors before GIS is notified = potential infringement.
• Influencer marketing initiated before the date of effective notification = liability on the part of the entity commissioning the campaign.

Prohibition on suggesting medicinal properties – wider scope

The amendment expands liability for violations of advertising requirements from labeling to the entire marketing message. Previously, sanctions primarily covered incorrect packaging labeling. Following the amendment, a company is responsible for every communication channel – online advertising, point-of-sale materials, newsletters, or YouTube videos – if the message suggests that a varied diet does not provide sufficient nutrients, or if a supplement is presented as a medicinal product.

4. Public register – the company’s reputation under public scrutiny

The Chief Sanitary Inspectorate (GIS) has maintained a register of dietary supplements before, but the amendment will significantly expand its scope and availability. The data will be published on the e-Sanepid platform and will include:

• the name of the product and its qualitative composition (without quantitative data – the recipe remains protected),
• product qualification proposed by the entity,
• information about the initiation or ongoing investigation,
• data on the detection of a prohibited ingredient.

5. Fines – increase by over 330%

The maximum administrative fine for violating food safety regulations is increasing from 30 to 100 times the average monthly salary. At the current salary level, this means:

The new penalties are imposed administratively (not as fiscal or misdemeanor offenses), which means faster proceedings and no need to prove intentional guilt. A mere finding of a violation is sufficient. The increased level of sanctions has a real deterrent effect, especially for companies with turnover in the tens of millions of zlotys.

The biggest risks – a practical overview

Artykuł CLIENT ALERT Dietary supplements market in Poland Amendments to food safety regulations | May 2026 pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.