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KAZAKHSTAN

Since December 2003

Pillar Content access  |  Indicator Restrictions on online advertising
Advertisement Law (Қазақстан Республикасының 2003 жылғы 19 желтоқсандағы N 508 Заңы Жарнама туралы)
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.
Coverage Horizontal

KAZAKHSTAN

Since August 2012

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decision No. 134 of the EEC Board on the Single List of Goods Subject to Prohibitions or Restrictions on Import or Export by the Customs Union Member States within the EurAsEC When Trading with Third Countries and Provisions on the Application of Restrictions, 16 August 2012
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.
Coverage Encryption devices, radio-electronic equipment, special hardware

KAZAKHSTAN

Since May 2013, as amended in November 2015, last amended in 2024
Since June 2023, last amended in 2024

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Law of the Republic of Kazakhstan No. 94-V about Personal Data and their Protection (Қазақстан Республикасының 2013 жылғы 21 мамырдағы № 94-V Заңы Дербес деректер және оларды қорғау туралы)

Order of the Minister of Digital Development, Innovation and Aerospace Industry of the Republic of Kazakhstan, No. 179/NK, on Approval of the Rules for the Implementation by the Owner and (or) the Operator, as well as by a Third Party, of Measures to Protect Personal Data (Қазақстан Республикасының Цифрлық даму, инновациялар және аэроғарыш өнеркәсібі министрінің 2023 жылғы 12 маусымдағы № 179/НҚ бұйрығы Меншік иесінің және (немесе) оператордың, сондай-ақ үшінші тұлғаның дербес деректерді қорғау жөніндегі шараларды жүзеге асыру қағидаларын бекіту туралы)
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.
Coverage Horizontal

KAZAKHSTAN

Since November 2015, last amended in December 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Law No. 418-V ZRK of the Republic of Kazakhstan on Informatization (Қазақстан Республикасының Ақпараттандыру туралы Заңы 2015 жылғы 24 қарашадағы No. 418-V ҚРЗ)
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%.
Coverage Horizontal

KAZAKHSTAN

Since July 2004, last amended in September 2022

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Law of the Republic of Kazakhstan of July 5, 2004 No. 567-II "On Communications" (Қазақстан Республикасының 2004 жылғы 5 шілдедегі N 567 Заңы Байланыс туралы)
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.
Coverage Telecommunications sector

KAZAKHSTAN

Since February 1997, entry into force in November 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

KAZAKHSTAN

Since February 1997, entry into force in November 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Kazakhstan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

KAZAKHSTAN

Since November 2015, last amended in December 2023
Since March 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Law No. 418-V ZRK of the Republic of Kazakhstan on Informatization (Қазақстан Республикасының Ақпараттандыру туралы Заңы 2015 жылғы 24 қарашадағы № 418-V ҚРЗ)

Order No. 53/НК of the Minister of Defence and Aerospace Industry of the Republic of Kazakhstan on the Approval of the Rules for the Formation and Maintenance of a Register of Trusted Software and Electronics Industry Products, as well as Criteria for Including Software and Electronics Industry Products in the Register of Trusted Software and Electronics Industry Products (Приказ Министра оборонной и аэрокосмической промышленности Республики Казахстан от 28 марта 2018 года № 53/НҚ Об утверждении Правил формирования и ведения реестра доверенного программного обеспечения и продукции электронной промышленности, а также критериев по включению программного обеспечения и продукции электронной промышленности в реестр доверенного программного обеспечения и продукции электронной промышленности)
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%.
Coverage Software

KAZAKHSTAN

Since December 1994, entry into force in March 1995, last amended in January 2016
Since October 2015, entry into force in January 2016

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Civil Code of the Republic of Kazakhstan (Қазақстан Республикасының Азаматтық Кодексi)

Enterprise Code of the Republic of Kazakhstan (Қазақстан Республикасының Кәсіпкерлік Кодексі)
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.
Coverage Horizontal

KAZAKHSTAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that Kazakhstan has no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, and it is not practised in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector

KAZAKHSTAN

Reported in 2019, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Restriction on foreign ownership of state-controlled enterprise
In 2016, the country formally removed a 49% limit on foreign ownership of telecom companies, except for KazakhTeleCom. As of April 2024, the state-owned 71.3% of Kazakhtelecom through Samruk-Kazyna, its sovereign wealth fund.
Coverage KazakhTeleCom

KAZAKHSTAN

Reported in 2022, last reported in 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of state-owned telecommunications operator
As of April 2024, the state held a 71.3% stake in the country’s principal telecommunications operator, Kazakhtelecom, through its sovereign wealth fund, Samruk-Kazyna.
Coverage KazakhTeleCom

KAZAKHSTAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Kazakhstan does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, functional separation has been an obligation since 2013.
Coverage Telecommunications sector

KAZAKHSTAN

Reported in 2020, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Complaints on telecom licensing requirements
It is reported that the telecommunication companies are required to purchase and install equipment related to the state’s System for Operational Investigative Measures (SORM) and to cover costs related to the database of International Mobile Equipment Identity (IMEI) codes and to pay regular fees to the State Radio Frequency Service, which is the IMEI database operator. These obligations may deter new players from entering the market.
Coverage Telecommunications sector

KAZAKHSTAN

Since January 2007
Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Law of the Republic of Kazakhstan "On Licensing" (Қазақстан Республикасының Заңы "Лицензиялау туралы")

Law No. 202 on Permissions and Notifications (Қазақстан Республикасының Заңы № 202-V ҚРЗ. Рұқсаттар және хабарламалар туралы)
Pursuant to the Law of the Republic of Kazakhstan "On Licensing" and the Law on Permissions and Notifications, the companies providing telecommunications services require an operating license from the Ministry of Digital Development, Innovation, and Aerospace. It is reported that all telecommunications operators are legally obliged, as part of the licensing requirement, to connect their channels to a public network controlled by KazakhTelecom.
Coverage Telecommunications sector

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