Criminal Doping in Poland

Sports doping is not criminalised in Poland, with certain exceptions. Most notably, providing minors with prohibited substances is a criminal offence which carries up to three years’ imprisonment (Article 48 of the Polish Anti-Doping Act). Additionally, Article 49 of that Act penalises unlicensed distribution of such prohibited substances. Beyond the above regulations, doping-related activities may also trigger general criminal liability if they, for instance, jeopardise human life or health.

Prohibited Substances

The Polish Anti-Doping Act defines the substances and methods that are prohibited by referring to Annex 1 of the International Convention Against Doping in Sport.

Polish Anti-Doping Authority

The Polish Anti-Doping Agency (POLADA) has reshaped the Polish anti-doping efforts. As an independent legal entity operating under the Sports and Tourism Ministry, POLADA is authorised to enforce anti-doping rules, while its inspectors have powers similar to those of public officials. Established under the Polish Anti-Doping Act, POLADA collaborates with the law enforcement authorities and generates part of its own revenue, though it relies chiefly on state funding. Despite its crucial role, POLADA faces financial constraints, with the budget capped at PLN3 million (approx. USD800,000) in 2017, which was its first year, and PLN6.7 million (approx. USD1.7 million) up until 2026.

World Anti-Doping Code Incorporation

Poland has incorporated the World Anti-Doping Code by way of the Anti-Doping Act. It may also be noted that Mr Witold Bańka, former Polish Sports Minister, has served as President of the World Anti-Doping Agency since 2019.

Recent Cases

A Polish national football team player tested positive for chlortalidone after the UEFA Conference League match on 16 March 2023. Initially, UEFA benched him for three months on 13 April 2023, later extending the ban to eight months, making him eligible to play again on 13 December 2023.

Poland has been waging a war on match-fixing since 2004, in the wake of a much-publicised football corruption scandal involving a referee nicknamed “the Barber”, which led to approx. 600 indictments, 50 clubs being implicated and many of them being relegated. The scandal has prompted amendments to Polish law.

Penalties for Match-Fixing

Currently, the Polish Sports Act strictly criminalises match-fixing, with the penalties including up to eight years’ imprisonment for accepting or offering benefits for dishonestly influencing a sports event’s outcome, and up to ten years if such benefits are substantial. Facilitating match-fixing for personal or financial gain also carries severe penalties. These sanctions apply irrespective of any betting activities on the fixed events. Using insider information or tipping off others for betting purposes is punishable by up to five years’ imprisonment. Match-fixing convictions may further lead to civil disenfranchisement or disqualification from holding public office.

Significant Progress

These stringent measures have significantly enhanced the integrity of Polish sports. While there have been no major corruption scandals recently, reports have emerged of extensive betting in the lower Polish football leagues, involving bets placed abroad. However, these reports remain unconfirmed.

In the wake of the 2009 political lobbying scandal, Poland has implemented some of the world’s most stringent gambling and betting regulations. The government closely monitors betting activities, whereas conducting unlicensed operations or breaching the regulations has severe legal and financial ramifications. The state retains exclusive rights to certain betting operations, blocking private sector participation.

Requirements for Bookmakers

In Poland, bookmakers must obtain a Finance Ministry licence, a process known for its complexity. Unlicensed online betting and gambling sites are black-listed and access to them is restricted. Nevertheless, bookmakers often work around this by launching new domains. The Finance Ministry keeps a list of state-approved betting companies.

Pursuing unlicensed betting is a fiscal offence, fined under the Polish Fiscal Penal Code. Thereunder, participating in unlicensed gambling can carry a fine, and forfeiture of any winnings and placed bets.

Betting-Related Offences

Betting-related offences among athletes are regulated in the Polish Sports Act, as explained above. Poland’s stringent regulations have significantly curbed betting-related offences. Nonetheless, unconfirmed reports suggest that betting corruption has taken on new, more sophisticated forms, often manifesting themselves at the lower tiers of Polish sports.

Fees Charged to Bookmakers

Some Polish Sports Federations charge bookmakers for utilising their sporting results in the wagers. The Polish competition authority has scrutinised this in terms of potentially breaching the fair competition rules.

Sports Federation Rules

Under the Polish Sports Act, Polish Sports Federations have exclusive authority to establish disciplinary procedures, except for doping-related disciplinary actions, which are state-controlled, as discussed in 1.1 Anti-doping.

The disciplinary regulations across different sports federations vary. Nonetheless, they all lean towards resolving ‘internal’ issues within the sports organisations themselves, without any administrative authority or civil court intervention, whenever possible.

Polish Arbitration Tribunal for Sports

While Poland follows a typical “what happens within the sports federation stays within the sports federation” approach, and sports federations themselves govern disciplinary proceedings, a unique Polish solution is the introduction of the Polish Arbitration Tribunal for Sports of the Polish Olympic Committee. This arbitration tribunal is mentioned directly in the Polish Sports Act, unlike other arbitration institutions, which are all private endeavours. The Tribunal hears appeals in accordance with the Act and in line with the specific sports federation rules. These proceedings must be in line with the principles of right to defence and availability of appeal. The disciplinary sanctions can range from issuing a warning to expulsion from the sports federation.

In certain cases, after exhausting all the available internal measures, disciplinary decisions can be appealed to the Court of Arbitration for Sport in Lausanne (CAS).

Ticketing

In Poland, tickets to sports events are sold mostly via online platforms, both national (eg, abilet, eBilet, AleBilet) and international (Eventim, etc). Some organisations, eg, the Polish Football Association (PZPN) and the Ekstraklasa, sell tickets through their own official online channels. The tickets usually have the holder’s name printed on them, to prevent scalping and to protect buyers from scammers and cybercriminals.

Ticket Resales

Secondary ticket sales are not fully prohibited in Poland. There are several platforms offering tickets that have already been purchased by someone else. Whether it is possible to enter an event holding a second-hand ticket usually depends on the event organiser and on the specific internal event regulations.

When it comes to the statutory law on this matter, it is not prohibited to resell tickets at their nominal price or at a lower price, but it is illegal to sell them at a higher price point. Nevertheless, there are many sales platforms that offer second-hand tickets at much higher prices, sometimes more than twice the original. The Misdemeanour Code penalises both buying tickets for reselling at a higher price point and selling them at a profit. According to the Misdemeanour Code, the possible penalty for such an offence varies. It can be either imprisonment or a fine.

Combating Illegal Ticket Sales

Various measures to combat scalping are currently in use. Ticket sellers most commonly use such protections as:

• penalising the resale of tickets at a higher price than the original;
• admitting to an event only the person whose name is printed on the ticket;
• CAPTCHA-type safeguards enabling the seller’s system to differentiate real buyers from bots trying to buy tickets for the purpose of reselling;

• time limits in between purchase transactions; and
• search engine developers, such as Google, blocking advertisements from services providing illegal resales.

Merchandising

In terms of merchandising, two important rights enjoyed by Polish Sports Federations arising directly from the currently applicable state regulations deserve attention. First and foremost, Polish Sports Federations may use items representing the national team’s kit for their own business purposes, to the extent expressly specified in a given sports federation’s rules and regulations, or in those of the international sports organisation operating in a given discipline, with which that federation is affiliated.

Second, national sports federations have exclusive rights to use the images of players representing the nation (as long as they appear in national team uniform). National sports federations may use those images for their own business purposes without the need to ask players for their consent and without the need to pay anything to them. As controversial as this sounds, these regulations have been tested in the courts, which have confirmed their validity. 

Sponsorship is one of the main sources of sports funding in Poland. Clubs, associations, Polish national sports federations and sportspersons are funded, to a certain extent, by both state and local governments, but also by non-government investors. Each year, a certain part of the state budget is assigned to the Sports Ministry to co-finance sports. Such funds are distributed among the national sports federations and organisations in charge of supporting holding sports events.

Local governments spend approx. 2% of their total annual budgets on culture and sports development. They can also hold stakes in sports clubs, thus providing them with funding, which is the case with a large number of Polish professional clubs.

As far as investors and sponsors are concerned, they can be either state-owned companies, eg, PKN Orlen and Totalizator Sportowy, or privately-held companies, such as InPost Polska, to name but a few. In 2022, PZPN teamed up with InPost in what was the biggest strategic sponsorship agreement in its history.

Sponsorship Types and Parties’ Obligations

Depending on a given sponsor’s commercial strategy, the forms of sponsorship may differ. The most common sponsorship types include advertising, equipment, employment, licence and mixed sponsorships. Typically, sponsorship agreements list the ways in which the sponsor will support the sponsee, as well as the latter’s obligations in return.

Sponsors can offer to foot the club’s bills, pay for the players’ accommodation, donate the sports kits, etc. In exchange, the sponsee must promote the sponsor’s trade mark or business name, which will for instance be printed on the jerseys worn during sports events or displayed on the banners alongside the club’s or the federation’s logo. Sponsors can also request board seats in the association’s internal governing bodies, in exchange for the resources provided to such an association. Most commonly, sponsors require no-competition agreements to be executed with the sponsee.

Sponsorship Agreements

Sponsorship agreements are not directly regulated by Polish statutory law. Among the standard elements of such agreements are the value of sponsorship and the list of obligations on the part of the sponsee in exchange for certain cash benefits. Sponsorship agreements can be concluded either for a specific period or indefinitely.

The discipline that garners the most public attention in Poland is undoubtedly football, with speedway and volleyball being second and third. Therefore, the most lucrative broadcasting agreements in the recent years have been those concerning the broadcasting of major football and speedway events. One of the broadcasters, Canal+, has lately struck a deal with the Ekstraklasa, the Polish top-division football league, for PLN1.3 billion (approx. EUR400 million) for the next three seasons (starting from 2023/2024). Canal+ also has a deal with the Ekstraliga, the Polish top-division speedway league, worth PLN242 million (approx. EUR55 million) for 2022–2025. The pay-per-view formula is commonly used in Poland with respect to martial arts events. For comparison, the contract for broadcasting the Orlen Basket Liga, the Polish top basketball division, signed in 2023 until 2030 is for only about PLN3 million (approx. EUR700,000) per year to be divided among 16 clubs.

Audio-visual broadcasting has been well described in the Polish legal doctrine, but it still raises many questions and spurs discussions. Polish Sports Federations commonly sell packages of audio-visual broadcasting rights, for example, the rights to televise the matches of all top-division clubs in a given discipline. This has been raising some eyebrows in terms of compliance with the competition laws.

Copyright Laws and Broadcasting Contracts

Given the nature of sports events, they are difficult to protect under the Polish copyright regulations. Hence, the organisers in protecting their interests draw on various co-existing legal grounds. First and foremost, ticket purchasers may not film or record certain types of events for any other purposes than their personal use. Second, televising sports events is legally protected and subject to broadcasting rights, hence national sports federations must have contracts in place with potential broadcasters. Under such contracts, organisers undertake to hold a specific event consisting of certain matches, and to provide the on-site equipment to record and disseminate the match footage.

Free Public Access

Broadcasters may not hold exclusive broadcasting rights to events believed to be of major public importance. The state draws up a list of such events, which should be prepared openly and transparently. The state also must specify whether such events should be available in free public access in whole, or in part, as a live broadcast, or as a partial rerun.

The Polish Broadcasting Act lists such events; at time of writing, it contains only sports events. The events listed there are the summer and winter Olympics, football World Cup and European Championship semi-finals and finals, as well as all other matches played by a Polish national team. If any Polish broadcaster holds exclusive broadcasting rights to the above events, they are legally bound to allow other broadcasters to briefly report on those events. The state may add other significant sports events to the list, if it decides they are as important as those already listed in the Polish Broadcasting Act.

Mass Sports Event

If it is estimated that a sports event will gather more than 1,000 people in an open space (for example, a stadium), the Mass Events Safety Act regulates most of the security measures that must be fulfilled in order for the event to be lawful.

In order to organise a mass sports event, the organiser must obtain a permission from the relevant local authority. Organising an event without such permission would trigger the organiser’s liability and it could even lead to imprisonment. The organiser must notify the relevant authorities about the intention to organise such an event at least 30 days prior to the contemplated event date.

Organisers also have to consider how the event is supposed to be funded. If needed, they can conclude sponsorship agreements, or apply for government programmes that provide funding for the given type of sports event.

If a given event meets a certain importance threshold, it can be organised under the auspices/patronage of the Sports Minister. If it is a lower-range event, relevant local authorities could step in as patrons.

The organiser is obliged to create a set of internal event regulations that will be binding for everyone attending the event, regardless of their position or function. Such regulations should also contain important information about the event itself, such as the event’s date, its location, athlete and spectator participation conditions, personal data protection measures and organiser liability regulations.

Contractual Obligations Between the Organiser and the Spectators

Not only does a ticket sale allow a spectator to enter a certain sports event, but it also establishes a contractual relation between the buyer and the organiser. The contractual obligations usually entail event recording regulations, safety measures to be adhered to by the spectators, or potential liability for breaching the event rules by those spectators. The organiser must clearly state whether the spectators are allowed to record footage of the event, depending on any other relations the organiser might have with the broadcasters.

Organiser’s Liability

The Mass Events Safety Act places the duty of care on the organiser of a sports event, if such event qualifies as a mass event. If such requirements are not fulfilled, there are measures regulated in the Polish Civil Code that individuals can take against the organiser, if the organiser can be legally classified as an entrepreneur. There are also EU regulations in force regarding the safety of football matches and other sports events.

Under the Mass Events Safety Act, the organiser must apply all reasonably practicable public safety precautions, ensuring an adequate number of medical staff on the premises during the event, and establishing whether the technical condition of the building and the equipment is appropriate. The organiser can be also be held liable if they do not ensure such public services as police or fire department oversight, to the legally required extent, depending on the given event.

Violence and Disorder

If the organiser fails to apply the safety measures regarding spectator behaviour during any sports event, and if – as a consequence – any of the participants suffer any kind of harm, there is a possibility of civil liability, but only if the blame can be undoubtedly attributed to the organiser itself, for not ensuring sufficient public safety protection.

Spectators’ Liability

Not only the event organiser can be held liable for their conduct or negligence, but so can the spectators, who carry a duty to behave so as not to pose a threat to any other participants. Such obligation is a manifestation of symmetrical responsibilities between the organiser and the spectators and other participants.

Polish sports governing bodies are organised within specialised legal frameworks closely mirroring the operational and regulatory characteristics of associations. Conversely, sports clubs are established as legal entities, encompassing both commercial companies and associations, to facilitate their activities and governance.

Sports Governing Bodies

The Polish sports governance model primarily draws on two key entities: sports associations and Polish Sports Federations, both regulated by the Polish Sports Act and the Polish Associations Law.

A sports association, comprising at least three sports clubs, functions as either an association or a union of associations, hence it has legal personality. Such associations frequently form regional branches that, while operational, do not hold separate legal personalities.

The other fundamental legal structure on the Polish sports scene is that of the Polish Sports Federations. These are private legal entities; however, their role is sometimes similar to that played by the administrative bodies. Sports associations can establish Polish Sports Federations with the requisite approval from the Sports Minister. Despite being specifically mandated under the Polish Sports Act, Polish Sports Federations operate largely within the confines of the Polish Associations Law, the provisions of which apply accordingly.

Professional and Amateur Sports Clubs

Pursuant to the Polish Sports Act, sports activities are conducted in the form of sports clubs, while sports clubs operate as legal entities. Most Polish sports clubs operate as partnerships limited by shares or as associations.

Amateur sports clubs are more likely to operate as associations. The Polish Sports Act also provides for a special form of operations – that of a student sports club. For obvious reasons, this form is preferred by youth sports clubs. This is because professional sports clubs chiefly focus on generating and maximising their profits. Additionally, regarding team sports, the Polish Sports Act requires that only clubs operating as public limited companies or private limited liability companies are admitted to professional team sports leagues.

The Polish Sports Act is the supreme law governing Polish sports, premised on the idea that sports are of civic interest and that state interference should be limited, especially in the organisation of sports by entities other than Polish Sports Federations. However, the Act does not fully address the governing bodies’ organisational structures, particularly at non-central levels, leaving a gap in discipline-specific governance.

Sports Associations

The organisational and operational frameworks of sports associations are outlined by the Associations Law, while particular clubs are governed by the Commercial Companies Code. The role of international regulations, incorporated into the Polish legal system, has prompted the emergence of international sports law, highlighting the complex nature of sports governance.

The current laws are deemed insufficient by the sports industry, with the bulk of sports organisations being regulated outside any statutory provisions, granting sports organisations both legislative and executive powers. These organisations enforce rules, impose sanctions and grant participation rights.

Polish sports associations independently establish their disciplinary regulations within confines of the Polish Sports Act. Each association’s internal disciplinary rules are binding for its members and athletes.

Sports Clubs

Local sports clubs’ legal structures vary depending what form of incorporation they choose and what level of competition they participate in, for instance, a commercial company, an association, a foundation or a co-operative, with the debt liability regime varying respectively.

Professional sports in Poland are both state-funded and privately sponsored. Certain governing bodies’ responsibilities with respect to earmarking state funds for sports infrastructure are defined by statute. Such authority trickles down from central to local government entities, with budgets distributed among Polish Sports Federations and organisations responsible for holding sports events. The Polish Sports Act lays the groundwork for sports funding, at both central and local levels.

The Sports Minister’s task is to fund keynote sports events and promote national sports. Funds are earmarked for developing and maintaining sports facilities, promoting school sports, providing scholarships for national team members, and preparing national teams for the Olympics, Paralympics, and World and European Championships. Some of the monies also support national team athletes in need of medical care and attention.

Local authorities focus on supporting sports clubs within their jurisdictions, including providing training programmes and equipment, and covering athletes’ and coaches’ salaries. Notably, local governments spend approx. 2% of their budgets on sports and cultural development.

The Polish government offers various funding programmes tailored to specific beneficiaries. The “Klub” programme financially supports small and medium-sized clubs. There are also talent scouting initiatives for school children and teenagers, promoting physical activity among these age cohorts.

Sports commercialisation and increasing public interest have led to a spike in marketing value, attracting more investors and sponsors. However, private equity still plays a relatively minor role in sports funding, arresting the development of various disciplines with untapped potential. Instead, state-owned companies, particularly the national oil and energy behemoth Orlen, play a pivotal role in sports sponsorship. This enables the state to support and promote Polish sports domestically and internationally, while also leveraging these opportunities for brand enhancement.

Orlen has been notable for supporting Polish sports, including facilitating Robert Kubica’s remarkable comeback to Formula 1 in 2019 with Williams Racing, a partnership valued at EUR10 million. Despite Kubica’s subsequent departure from Formula 1, Orlen continues its engagement in the sport, including a 2024 sponsorship deal with the Visa Cash App RB team, showcasing the Orlen logo on the cars and race suits.

In 2023, PZPN landed a record-breaking PLN170 million (about EUR40 million) four-year contract deal with Orlen. The year before, private logistics company InPost set a precedent for private company sponsorships with a PLN10 million (EUR2.3 million) per annum deal with PZPN.

Recently, Polish apparel company F4 secured an unprecedented agreement with the Polish Basketball Association to provide outfits for all top league and national teams, a rare instance of a league-wide clothing deal.

Additionally, financial services company Cinkciarz.pl entered into a significant seven-year partnership with the Chicago Bulls as the team’s official currency exchange provider, marking a notable Polish presence in an American sports franchise.

Trade mark rights and licences are among sports clubs’ and organisations’ most valuable assets.

Trade Mark Regulations

In Poland, trade mark issues are governed by the Industrial Property Law. Trade marks can be obtained by registering with the Polish Patent Office or by securing a European trade mark that guarantees EU-wide protection. Once successfully registered, the patent holder has the exclusive right to use the trade mark for commercial and professional purposes within the registration territory for ten years, and this may be renewed for subsequent ten-year periods.

Trade mark eligibility extends to commonly used descriptive or non-descriptive elements, provided they meet the registration criteria and help distinguish one entrepreneur’s goods or services from those of another.

Trade Marks in Polish Sports

In sports, trade marks often include clubs’, associations’ and sports federations’ names and logos, as well as those of organised competitions. These entities may profit by licensing their trade marks’ use. The licensees use such trade marks by placing the sports institutions’ logos on their merchandise, often aimed at a particular team’s fans, and by using them in various forms of advertising campaigns. Notably, Krzysztof Piątek, a Polish footballer, is the first, and to date the only, Pole to have trademarked his goal celebration.

Popular trade marks include sports clubs’ names registered as world trade marks, eg, “Legia” and “Pogoń,, and word-figurative marks such as “Irena Szewińska”, “Widzew RTS” and “ePuchar Polski”. Graphic marks such as club crests, for instance that of KKS Lech Poznań, are also not uncommon. Slogans can be trademarked as well, for example the PZPN motto “Łączy nas piłka” (in English: “Football brings us together”).

Under Polish law, the sports industry navigates a complex landscape of copyright and database rights, particularly evident in the context of sports data and its commercial use. This regulatory framework significantly impacts various stakeholders, including sports federations, betting companies and other sports-related organisations.

Copyrights

Copyrights in Poland are regulated in the Copyright and Related Rights Act. They protect creative works related to sports, such as broadcast content, commentaries and even sports performance choreographies. These protections ensure that creators and rights holders can control the use of their work, requiring others to obtain permission or licences to lawfully use such content.

Databases

Parallel to the copyright laws, Polish and EU law has introduced an important legal concept referred to as “sui generis” rights to databases. This specific protection is enjoyed by database creators, allowing them to manage the extraction and subsequent use of substantial parts of their databases. In the sports context, this often applies to statistics, match results and player performance data – valuable for analysis, broadcasting and betting purposes.

Commercial Opportunities

An interesting example of the commercial opportunity arising from the above is Polish Sports Federations’ common practice of charging betting companies a fixed fee for using sports results and data. For instance, for the right to use the results of the matches organised by PZPN, betting companies used to have to pay it 0.5% of their total revenue. This came under the scrutiny of the Polish competition authority, which led to a reduction of the fee paid by the betting companies, which now is calculated only against the revenue generated from such matches.

Overall, copyrights and database rights under Polish law play a critical role in sports, influencing how sports data is collected, used and monetised. The legal requirements for betting companies to pay federations for data usage highlight the economic value of sports data and the intricate legal frameworks governing its exploitation.

Image Protection

Currently, athletes’ images are protected against unlawful distribution by the Polish Civil Code and the Copyright and Related Rights Act. Exploiting and disseminating athletes’ images usually requires their written consent in the form of an agreement or a statement (with the notable exception of their images in national team uniform, as noted in 2.1 Available Sports-Related Rights).

Disseminating images of athletes participating in specific sports events and discharging their professional duties may be an exception from the above rule. Another exception is the exploitation of their images by certain national sports federations or by the Polish Olympic Committee. National squad members are forced by law to give exclusive rights to their images while wearing the official national team’s attire or the official national Olympic kits. Such federations or Olympic committees will be exclusively entitled to exploit athletes’ images for their own economic purposes to an extent specified by such federations’ or committees’ internal regulations. Athletes are supposed to consent to the dissemination of their images when wearing the national team’s attire even before they officially qualify for the national squad or the national Olympic team.

Protection Against Infringement

Both the Polish Civil Code and the Copyrights and Related Rights Act offer a variety of claims that athletes can lodge if affected by image protection infringements. Illegal use of their protected likeness allows them to seek a cease and desist order against the infringing party or monetary compensation for any damage sustained.

Exploiting IP Through Licensing

In Poland, sports bodies and athletes exploit their intellectual property rights through licensing to generate revenue and enhance their brand. They grant third parties permissions to use logos, trade marks or images, in return for royalties or fees. This approach is evident in merchandising, endorsements and video game appearances. For instance, PZPN licenses its team kits and logos for merchandising, while athletes such as Robert Lewandowski enter into endorsement deals that utilise their likeness rights.

Restrictions on Assigning IP Rights

In Poland, the IP rights assignment regulations ensure transparency and protection for all parties by requiring that such agreements be documented in writing. When the assignment concerns personal rights, such as athletes’ likenesses, the law mandates explicit consent that specifies the terms of use, including its scope and duration. This is in line with the EU regulations, underscoring the importance of safeguarding brand value and integrity during licensing or assigning IP rights. Moreover, moral rights, notably an author’s right to be recognised as a work’s creator, are non-transferrable under Polish law. This provision ensures that creators maintain a permanent, personal connection with their creations, further protecting their interests and contributions.

Under Article 14 of the Polish Sports Act, athletes agree to their likeness being used in national or Olympic attire, granting exclusive rights to sports associations or the Olympic Committee. A 2009 Supreme Court ruling prohibits athletes from allowing third-party image use in team attire without association consent. The law enables sports bodies to use images of national team athletes in official attire without separate permission, adhering to specific conditions set by the Polish Sports Act.

In Poland, sports data covering both athlete performance and spectator preferences significantly influences the strategies and operations of sports organisations and stakeholders. Such data is harnessed for multiple purposes, such as improving team performance through detailed analysis of athletes’ physical and tactical metrics.

Sports Data Usage

Athlete data is crucial for evaluating and enhancing performance. Sports organisations employ technology, such as wearable devices and video analysis software, to optimise training, prevent injuries and improve team strategies.

Additionally, data regarding spectators, including their demographics and behaviour, allows for a more personalised approach to fan engagement. By understanding the preferences and habits of their audience, sports entities can customise marketing efforts, promotional activities and even the event day experience, ensuring fans feel more connected and valued.

Commercial Opportunities

The commercial potential of sports data allows for targeted advertising and sponsorship opportunities, enabling brands to reach specific segments of the sports audience with precision. This targeted approach not only increases the effectiveness of marketing campaigns, but also boosts the return on investment for sponsors and advertisers.

The Ekstraklasa, the top professional football league in Poland, partners with data analytics firms to enhance fan engagement and match day experiences. Through detailed analysis of spectator data, clubs can personalise communication and offer tailored content, merchandise and ticketing options to their fans. This approach not only strengthens the bond with the existing fan base but also attracts new followers.

Notable commercial opportunities arise from the partnership of the Ekstraklasa, Orlen Basket Liga and Plus Liga, as well as other professional sports leagues in Poland, with sports betting companies. The provision of real-time, detailed match data feeds the betting industry, allowing for a wide range of betting options and enhancing the engagement of fans and bettors alike. This collaboration generates significant revenue streams for the league and its clubs through sponsorship deals and betting rights agreements.

Additionally, the growth of fantasy sports in Poland exemplifies the commercialisation of sports data. Platforms such as Fantasy Ekstraklasa and Manager Orlen Basket Liga leverage player performance data to offer fans an interactive and engaging way to follow the league, creating a new revenue stream through participation fees and advertising.

The Polish sports sector strictly adheres to data protection laws, notably the EU General Data Protection Regulation (GDPR) and the Polish Data Protection Act. These laws not only impact individual rights but also establish a far-reaching data privacy framework affecting sports organisations, athletes and fans alike.

GDPR, alongside the Polish Data Protection Act, sets clear data handling responsibilities for sports entities, emphasising transparency, data portability and the need for express data processing consent. This ensures that both athletes and fans can easily manage their data across services, bolstering trust and flexibility in the sports ecosystem.

The key GDPR principles include accurate data management and swift breach notification, critical for maintaining the sports community’s trust. Consent is required for any data collection, especially for marketing, health data or fan engagement, and there must be a clear withdrawal mechanism.

GDPR also requires a lawful basis for processing data without consent, crucial for compliance with legal obligations such as complying with anti-doping rules or ensuring event safety.

A notable incident underscoring the critical nature of data protection within Polish sports involved the Lower Silesian Football Association’s accidental disclosure of the particulars of 585 referees. This breach included sensitive information such as names, exact addresses and Polish Resident Identification Numbers (PESEL), leading to a PLN56,000 (approx. EUR12,000) fine.

GDPR notably impacts how sports organisations handle images and footage of events, ensuring a balance is struck between the public interest and privacy rights. This also requires a careful approach to sharing information about player injuries and absences, requiring compliance with legal standards for protecting individuals’ privacy.

In ticketing, GDPR mandates strict protocols for the handling of personal data, ensuring security, clear communication about data use, and respect for purchasers’ rights.

Overall, GDPR has reshaped data protection in the Polish sports sector, requiring organisations to adopt thorough privacy and security measures. Not only does this framework protect personal data, but it also boosts sports entities’ credibility and transparency, creating a safer, more open environment for all involved in sports.

Sports-related disputes can be pursued in various dispute resolution fora, depending on the particular type of dispute. Civil and commercial disputes are usually pursued before Polish state courts, while disciplinary disputes are reserved to sports bodies and tribunals.

Sports Disciplinary Disputes

Under the Polish Sports Act, disciplinary disputes are the only contentious matters that in principle automatically fall outside the state courts’ jurisdiction. With few exceptions, responsibility for addressing sports disciplinary disputes has been delegated to sports associations. Within Polish Sports Federations, disciplinary proceedings should adhere to the guidelines set in a given federation’s disciplinary regulations. Such disputes must be resolved following the principles of the right to defence and availability of appeal.

Sports federations prefer to address their disputes internally. To this end, most Polish sports governing bodies have established internal quasi-judicial systems to ensure proper enforcement of their rules. Furthermore, most of them favour arbitration as a way of settling sports-related disputes. This is with the view to guaranteeing fair treatment of all athletes, players, clubs, etc, while also preventing state authorities, often lacking the required specialist sports knowledge, from adjudicating a sports issue.

As outlined in 6.1 National Court System, most Polish sports governing bodies have implemented their own internal quasi-judicial systems and incorporated arbitration clauses into their internal regulations.

As indicated in the justification of the draft Polish Sports Act, “international sports federations’ statutes rule out the possibility of referring the cases in question to state courts”. Since this is the case, a host of instruments have been developed to have disputes related to playing and organising sports appear before common courts only on very rare occasions. The fundamental instrument is the actual obligation on the part of the interested parties to use sports-dedicated arbitration.

In this respect, the Polish solutions should be considered innovative on a global scale. This is because the Polish Parliament has adopted a regulation obliging sports actors to refer their disputes to arbitration rather than common courts. In the majority of Polish disciplinary-related disputes, the interested parties have been directed to arbitration by law.

This strategy, implemented by the Polish legislature, has laid the foundations for a specialised entity, the Polish Arbitration Tribunal for Sports of the Polish Olympic Committee. The task of this permanent arbitration court is to resolve disputes involving, to name but a few, clubs, athletes and sports associations. It also hears appeals brought against Polish Sports Federations’ final disciplinary rulings.

In many respects, the benefits of arbitration outweigh those of state courts. The key advantages of arbitration, with particular emphasis on organised sport, are expeditious and confidential proceedings, expert and competent panels, lower costs, and better connection between the parties and the adjudicators. Obviously, of these advantages, “expeditious proceedings” is by far the most important. This is absolutely fundamental in sports. In practice, an athlete’s career is short, it being understood that benching or disqualifying them for a certain period, if not promptly confirmed or overruled, can ruin their career. At the same time, sports arbitration proceedings are so efficient that they command utmost respect.

Polish sports governing bodies have set up internal disciplinary regulations and quasi-judicial systems to enforce these rules and maintain adherence among their members. Under the Polish Sports Act, disciplinary proceedings can result in various financial and sporting penalties, including the issuance of warnings, reprimands, suspensions and temporary or lifetime bans, the imposition of fines, the demotion of teams to lower leagues, and their expulsion or removal from sports associations.

The option to appeal a final decision rendered by a sports federation’s internal quasi-judicial system, after all internal avenues have been exhausted, usually stems from the federation’s internal regulations. The Polish Sports Federations’ rules may permit appeals against their decisions to be brought to the Polish Arbitration Tribunal for Sports of the Polish Olympic Committee, to CAS, to other arbitration tribunals or to common courts. Nonetheless, there are certain federations whose regulations do not offer the option to challenge their decisions. This of course differs in case of doping, where the right to appeal is guaranteed.

Overview

Before 1989, most Polish sports clubs pretended – for political reasons – to be fully amateur. It was common for athletes to have regular employment contract with state-controlled institutions, such as the police or military, or state-controlled companies, such as coal mines. Although athletes were – on paper – performing non-sports-related jobs, they were in fact training and participating in sports events full time. With the political changes in 1989, the situation returned to normal with athletes being able to sign regular contracts, either those provided for in the Polish Labour Code or in the civil law. As sports evolved and became increasingly commercialised, a shift occurred towards civil law contracts, and a departure from traditional employment agreements was observed. Today, the prevalent method of engaging athletes is through services contracts, governed by the Polish Civil Code. These are commonly referred to as “professional sports contracts”.

Type of Agreement

Typically, a professional sports contract is not a commitment to achieve specific outcomes but rather to use one’s best efforts. This distinction is crucial, because for obvious reasons numerous internal and external factors can influence an athlete’s performance, making it impractical to guarantee any specific results. The sports autonomy and the minimum state interference principle facilitates the freedom to establish professional relationships between clubs and sportspersons, reflecting sports’ self-regulatory and community-based ethos. Employment forms within clubs are often dictated by the internal rules adopted by specific sports associations, which can set contract standards for professional athletes. For instance, PZPN has established minimum contract requirements for professional footballers, invalidating any contract provisions that contravene these standards or the sport’s principles. While referencing association rules is common, athletes may also engage as sole proprietors, altering the contract’s nature primarily in terms of tax and social security considerations.

Licence

Polish Sports Federations issue licences that delineate athletes’ rights within the national legal framework. Such a licence acts as a vital credential, enabling athletes to compete in major competitions, including the Polish championships. Without it, athletes would be ineligible for these critical events.

The relationship between an athlete and their club is usually governed by a civil contract for provision of services, alongside internal club and federation regulations. As a rule, athletes are not engaged under employment contracts. As mentioned above, these internal regulations often vary across different sports federations. In Poland, the rights of an athlete employed under a civil law contract are primarily derived from the contract itself, but also from their statutory rights and freedoms. Players contracted by clubs are typically required to make every possible effort to achieve the best conceivable results. Sports contracts outline a host of obligations, on the part of both the athlete and the club, varying depending on the association. For an athlete, these might include commitments to train, compete, maintain a healthy lifestyle, undergo regular medical examinations and adhere to coaching directives. Importantly, compliance with coaching or club directives does not imply employee subordination, nor does it alter the contract’s non-employment nature. On the other hand, clubs are obligated to pay the agreed salary and bonuses, as well as to provide a safe environment conducive to sports performance. There are no specific statutory provisions that unequivocally define the rights and obligations under such contracts, so they may vary depending on the particular athlete or association.

Even though EU laws do not directly regulate the free movement of athletes, the Court of Justice of the European Union has provided jurisprudence clarifying this matter. Based on the Poland-EU treaties, European citizenship affords individuals the right to choose their place of residence and employment within the EU. Consequently, any form of nationality-based discrimination is strictly prohibited within the EU.

Freedom of movement applies to professional athletes practising sports under the EU law. Hence, no athlete may face nationality-based discrimination, and their freedom of movement is protected if they are EU or EEA nationals and wish to pursue sports as their source of income. This freedom of movement applies to any employment type, regardless of the specific nature of the legal relationship between the parties. The non-discrimination principle extends to all aspects of work and services, not just those governed by the labour laws. Freedom of movement benefits any athlete whose sports-related activities are for financial or economic gain.

Limiting the number of foreign sports professionals could directly violate these treaties. Such limitations are only permissible for non-European citizens under very specific circumstances. According to the EU principles, indirect discriminatory restrictions on freedom of movement are only allowed if they serve a legitimate objective and are proportionate. This freedom extends beyond athletes to include coaches, instructors and trainers.

Poland has emerged as a notable force in the esports domain, transforming from an under-the-radar participant into a central figure in the competitive gaming world. This rise to prominence is attributed to its pioneering efforts in hosting large-scale esports events and fostering a culture deeply committed to the growth and development of esports.

Esports Scene in Poland

At the heart of Poland’s esports success is IEM Katowice, an iconic event that has placed Poland on the global esports map. Poland’s general gaming culture is strong, with the government incorporating video games into educational curriculums and Polish game developers such as CD Projekt Red achieving worldwide fame.

The country’s engagement with esports extends to producing talents in CS:GO and Dota 2, such as Jarosław ‘Pasha’ Jarząbkowski and Michał ‘Nisha’ Jankowski. The domestic League of Legends league, Ultraliga, and achievements such as the victory of Polish esports organisation AGO ROGUE in the EU Masters in 2020, illustrate the strength of the Polish esports scene.

Esports Regulations in Poland

Poland’s approach to esports regulation highlights its recognition of and support for the sector. The 2017 amendment of the Polish Sports Act, declaring esports as a form of sport based on intellectual activity, marked a significant step towards integrating esports within the formal sports framework. This recognition facilitates opportunities similar to those in traditional sports, including funding and tax exemptions for esports entities. The involvement of the Polish Esports Association with the Polish Olympic Committee in 2023 has further cemented esports’ legitimate status in the country’s sports landscape.

Poland’s commitment to the esports industry is also evident in educational initiatives, fostering future talent through programmes such as the first Bachelor’s degree in Esports and training camps for young enthusiasts. The operational landscape, buoyed by nearly 500 companies generating significant revenue in the gaming sector, underscores the comprehensive growth and dynamic nature of Poland’s engagement with esports.

Poland has faced certain challenges when it comes to female participation in sports, being faced with discrimination and under-representation allegations. For example, in 2023, only two women were listed among the 30 top-earning athletes in Poland. During the 2021 Super Cup organised by the Polish Volleyball Association, the fact that the women’s team was paid 50% less for winning than the men’s team garnered significant media attention.

Despite these obstacles, various governmental bodies’ efforts have led to increased female representation year-on-year. A significant shift is under way regarding women’s roles in sports. For over two decades, the Polish Olympic Committee has been advancing and refining its equality policies, largely through initiatives spearheaded by the Women’s Sports Committee. It aims to bolster the status of women’s sports in Poland, advocating for international collaboration and striving to enhance women’s participation in decision-making at all levels. In 2020, it established two expert working groups focusing on policies to improve women’s roles in sports and on promotion and media strategies. The key initiative is the “Coach of the Year” competition, which celebrates women’s achievements in coaching. The competition’s main goal is to popularise women’s sports in Poland and recognise exceptional talent. Significant reforms of Poland’s sports law are under consideration, which could further benefit female representation. Recent proposals by the Sports Ministry are encouraging for enhancing women’s status and safety in sports. The contemplated amendments aim to strengthen anti-violence, anti-discrimination and anti-harassment measures, increase female decision-making presence and offer more support for pregnancy.

In recent years, the global sports industry has increasingly embraced non-fungible tokens (NFTs), with organisations either developing their own platforms, such as NBA Top Shot, or collaborating with external platforms such as Socios, Tezos and Sorare.

In Poland, an initiative named Zetly sought to establish a fan engagement platform using NFTs, similar to Socios. Despite partnering with entities including the Polish Basketball Federation, Zetly has not significantly impacted the Polish sports scene.

Poland has yet to witness an NFT initiative on a scale comparable to NBA Top Shot. However, individual Polish athletes have explored NFTs:

• UFC champion Joanna Jędrzejczyk has released her own NFT collection in collaboration with the Fanadise platform; and
• MMA fighter Jan Błachowicz has offered his gloves as both a tangible product and an NFT through a collaboration with Uniqly, in addition to being featured in a series of Panini cards as NFTs.

Furthermore, the Poland Business Run, a charity event for corporate teams, became the first of its kind to present NFT medals to its participants.

While there are more examples, the use of NFTs in Polish sports remains relatively negligible.

Poland has officially expressed disappointment over the International Olympic Committee’s decision to allow Russian and Belarusian athletes to compete under a neutral flag in the 2024 Paris Olympics. Since the outbreak of the war in Ukraine in February 2022, Poland has consistently argued against their participation in international competitions, including the Olympics, until the conflict ends.

The evolution of parasport events, including celebrity fights, alcohol consumption contests and more, streamed online and aimed at youth, presents notable legal hurdles. In recent years, these events have drawn millions of viewers via pay-per-view. Notably, a large portion of these viewers are underage, exposing them to explicit and potentially harmful content. While there are demands to limit youth access to such events, it is proving challenging due to the lack of formal recognition of their harmful nature.

Following the onset of the Ukrainian conflict, certain Polish Sports Federations deliberated rule amendments to permit Ukrainian teams’ participation in their leagues. Barkom Kazany Lviv’s inclusion in the Plus Liga serves as a notable example.

Poland’s AI landscape is slowly impacting the sports world, fuelled by the European Parliament’s Artificial Intelligence Act adopted on 13 March 2024. This legislation ensures AI’s development balances human rights with technological innovation, setting standards for legal, ethical and technical resilience. Polish sports entities are embracing AI to revolutionise training, performance analysis and fan experiences, utilising data for strategic gains. Yet, challenges such as ethical concerns and data privacy persist. In practice, AI has shown its power and limitations; for instance, while AI-generated match highlights have been explored, AI-generated VAR highlights failed the tests conducted by Ekstraklasa Live Park, which produces footage from Polish football games. On the other hand, the unofficial application of AI in the monitoring of offside calls by Polish football referees has demonstrated a strong potential.

In Poland, the metaverse is largely unexplored territory within the sports sector, with sports federations, clubs and brands yet to fully embrace its potential. The concept of integrating virtual environments for fan engagement, athlete training or brand activations in sports remains more theoretical than practical. However, one interesting initiative venturing into this space is Polish startup Zetly’s “SPORT METAVERSE” pilot programme. It seeks to create a digital bridge to the sports industry, leveraging blockchain technology to engage fans and monetise interactions in innovative ways, such as through virtual NFT Fan Stores and Play2Earn games.

Despite these early experiments, the broader adoption of the metaverse by Polish sports entities is tentative. The opportunities it presents, such as immersive fan experiences and new revenue streams, are matched by challenges including technical infrastructure requirements and concerns over user data privacy.