Gift cards have become more and more popular. They are bought as
presents and some shops have a return policy where items bought
physically can be exchanged only for a gift card of the equivalent
amount. Are gift cards therefore to be regarded as money in Poland?
If so, are the issuers required to obtain authorisation as a
payment or electronic money institution?
Money or not?
Under the Polish Act on Payment Services, gift cards generally
should be classified as electronic money. Thus, the issuance of
such cards is an issuance of e-money. Gift cards have an
electronically stored monetary value. They typically contain an
identifier that can be attached to them, such as a barcode,
magnetic stripe or encoded chip, with an ascribed monetary value.
However, if the monetary value is stored on an instrument that can
only be used to a limited extent, the "limited networks
exclusion" can apply and gift card issuers do not need to be
licensed as an e-money issuer.