A basic legal framework on intermediary liability for copyright infringement is absent in Kazakhstan's law and jurisprudence. However, the Agreement on Enhanced Partnership between the EU and the Republic of Kazakhstan, signed in March 2016, provides a safe harbour to European companies under several conditions. According to the agreement, an information intermediary is not liable, for example, if it does not initiate the transfer, if the end-user always takes the initiative, if it does not choose the recipient of the transfer if it does not choose or change the information contained in the transfer if it complies with the conditions of access to information, observes rules for updating information, does not interfere with the lawful use of generally recognised technologies, immediately deletes information or stops access to it, after receiving a notice.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Kazakhstan's law and jurisprudence. However, the Agreement on Enhanced Partnership between the EU and the Republic of Kazakhstan, signed in March 2016, provides a safe harbour to European companies under several conditions. According to the agreement, an information intermediary is not liable, for example, if it does not initiate the transfer, if the end-user always takes the initiative, if it does not choose the recipient of the transfer, if it does not choose or change the information contained in the transfer if it complies with the conditions of access to information, observes rules for updating information, does not interfere with the lawful use of generally recognised technologies, immediately deletes information or stops access to it, after receiving a notice.

As per the requirements of the Law on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Information and Communications (2017), users have been required to identify themselves using government-issued digital signature technology or SMS verification in order to comment on domestic websites. Failure to enforce the rule after April 2018 can lead to fines. The law requires website operators to make it mandatory for users to enter into a formal agreement before they are permitted to post comments on local websites. The information provided in the agreement needs to be retained by the website and handed over to the authorities whenever asked.

Amendments to the Law of the Republic of Kazakhstan on Communications in 2016 obliged ISPs to monitor content passing through their networks and to decide whether to restrict any problematic material. The amendments do not specify how ISPs are to carry out this obligation. The Administrative Code, in force since 2016, imposes fines on ISPs for not complying with censorship orders.

It is reported that the government has extensive authority to block online content. The National Security Committee of the Republic of Kazakhstan (NSC) has controlled the State Technical Service (STS) since 2017, assuming the authority to block content and disrupt internet networks for investigative purposes and to prevent crimes. The NSC can act without a court order, though it must notify other state bodies within 24 hours. In 2017, the NSC and a number of other state entities adopted new rules for blocking or suspending networks, ICT resources, and other web resources. The rules are classified. There are no publicly available data on the extent of state censorship, although one unofficial estimate puts the number of blocked websites at more than 30,000. Ministries occasionally release information on content restrictions. For example, in August 2018, the Ministry of Information and Communication announced that it had blocked more than 1,800 online “materials” since the beginning of 2018 and intended to block 9,340 more through 534 court proceedings. It is also reported that in 2019, the government prohibited access to social media and temporarily blocked independent news websites. In February 2020, amid an outbreak of intercommunal violence between ethnic Kazakhs and the Dungan minority, the government temporarily blocked WhatsApp in a bid to stop the violence. Furthermore, in response to an access-to-information inquiry, the Ministry of Information and Social Development specified that in 2022, 14,469 pages were blocked following 774 requests from the regulator. Only 241 of those were registered in the .kz domain zone, and between January and May 2023, 6,175 more pages were blocked, 6,047 of which were based abroad.

The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Kazakhstan for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."

According to the Art. 7 of the Advertisement Law, an advertisement that contains a comparison of the advertised goods (works, services) with the goods (works, services) of other individuals or legal entities, as well as statements, images discrediting their honour, dignity, and business reputation, is prohibited. Advertisements, regardless of the form or used means of distribution (placement), should be reliable and recognisable without special knowledge or the use of special tools directly at the time of its presentation.

Licensing procedures are applied to the importation of certain digital goods to the territory of the Eurasian Economic Union, including Kazakhstan. These digital goods include (i) Civil radio-electronic equipment and/or high-frequency devices, including those which are built-in or form a part of other goods; (ii) Special hardware meant for secret information acquisition; (iii) Encryption devices.

In accordance with Art. 12.2 of Law No. 94-V, personal data must be stored in a database situated within the territory of Kazakhstan by the owner and/or operator, as well as by third parties. Pursuant to Art. 27-1, the Rules for the Implementation of Measures to Protect Personal Data by the Owner, Operator, and Third Parties were approved. According to Paragraph 8 of these Rules, the collection and processing of personal data with restricted access must be conducted via information facilities located within the Republic of Kazakhstan. The storage and transfer of such data should be carried out using cryptographic protection tools that meet at least the third level of security, as defined by the standard established in Kazakhstan. Personal data of restricted access includes all personal data, except for that which the data subject has made publicly available or that which is publicly accessible by explicit provision of the law. A similar provision was already in effect since 2021 in Rules bearing the same name, repealed in 2023, under its Paragraph 10.

According to Art. 7.6 of the Informatization Law, the central executive body carrying out state regulation in the field of electronic industry is tasked with establishing a unified register of trusted software and electronic products. According to Art. 54.3.1, for the purposes of state security, only approved software may be used for public procurement and for critical information and communication infrastructure, whether state-owned or private, including telecommunication infrastructure. In addition, it is reported that the local content for this software must not be less than 70%.

Art. 21 of the Law of the Republic of Kazakhstan on Communications stipulates that operators of communication networks of all categories included in the unified telecommunications network of the Republic of Kazakhstan shall be obliged to create at their own expense a system of centralised management of their networks, which must be located on the territory of the Republic of Kazakhstan.

Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

According to Art. 7.6 of the Informatization Law, the central executive body carrying out state regulation in the field of electronic industry is tasked with establishing a unified register of trusted software and electronic products. According to Art. 54.3.1, for the purposes of state security, only approved software may be used for public procurement and for critical information and communication infrastructure, whether state-owned or private, including telecommunication infrastructure. To become part of the register, the software applicant must transfer (i) source program codes for accounting and storage; (ii) source program codes (if any) and; (iii) a set of configurations for the licensed software of "e-government" information technology objects, as stated paragraphs 10, 11, 12 and 13 of the Order of the Minister of defence and Aerospace Industry of the Republic of Kazakhstan No. 53/НК (Rules for the formation and maintenance of a register of trusted products of the electronics and software industry, as well as the criteria for including products of the electronics industry and trusted software in the register of trusted products of the electronics and software industry). In addition, it is reported that the local content for this software must not be less than 70%.

The Civil Code of the Republic of Kazakhstan and the Enterprise Code of the Republic of Kazakhstan provide a framework for the effective protection of trade secrets. According to Art. 126.1 and 1017.1 of the Civil Code of the Republic of Kazakhstan, a trade secret comprises valuable information, including secrets of production (know-how), production technology, management model, as well as ways and methods of increasing profits. In addition, according to Art. 28 of the Enterprise Code of the Republic of Kazakhstan, among other provisions, the protection of trade secrets consists of prohibiting the unlawful receipt, distribution or use of information constituting a trade secret in accordance with this Code and the legislation of the Republic of Kazakhstan. This regulatory framework includes remedies and penalties for the disclosure of trade secrets.