@blueport26
Hello!
First and foremost we must say that we have not updated our knowledge on Poland data retention legal framework. Our old information tells us that it's NOT compliant with the latest decisions of the CJEU which forbid Member States to put any obligation on any provider of service in the information society for pre-emptive, blanket, indiscriminate data retention. All that follows is therefore based on our not up-to-date knowledge. Feel free to point us to the relevant laws if we base our decision on no more valid knowledge.
Now, we can actually ignore the EU Member States legal frameworks on data retention where they clearly infringe the EU Court of Justice legally binding decisions, because in a casus belli we can challenge, or defend against, the rogue Member State with high likelihood of winning.
At the same time, we must carefully decide which legal battle fronts we want to open, because legal costs for cases which must be brought up to the highest courts may easily become very high. We are already challenging Spain legal framework on Data Retention, and, given AirVPN size, it's not wise to challenge multiple Member States simultaneously. That's the main reason we do not operate VPN servers in France and Italy, other Member States whose data retention framework is in flagrant violation of the legally binding decisions of the CJEU.
We're not like those marketing fluff based VPNs which lie to you and in reality perform Data Retention in the countries where it is mandatory: you have plenty of examples from the press to prove what we claim here, when VPN customers identities and activities have been disclosed because of that very same data retention the VPN providers claimed not to perform. When we say we do not retain data and metadata of your traffic we really do it, that's why we must carefully evaluate the countries legal framework we plan to operate servers within.
Kind regards
P.S. Ukraine does not oblige dacenters and VPN providers to any data retention.