KAZAKHSTAN
Since December 2017
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Law No. 115-VI ЗРК of the Republic of Kazakhstan on The Ratification of the Treaty on the Customs Code of the Eurasian Economic Union (Қазақстан Республикасының Заңы 2017 жылғы 13 желтоқсандағы № 115-VI ҚРЗ Еуразиялық экономикалық одақтың Кеден кодексі туралы шартты ратификациялау туралы)
According to Art. 136 of Law No. 115-VI ЗРК of the Republic of Kazakhstan, imports placed under the customs procedure for domestic consumption with a total customs value not exceeding the threshold of EUR 200 (approx. 219 USD) are exempt from import duties and taxes.
Coverage Horizontal
KAZAKHSTAN
Since November 2015, last amended in December 2023
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Law No. 418-V ZRK of the Republic of Kazakhstan on Informatization (Қазақстан Республикасының Ақпараттандыру туралы Заңы 2015 жылғы 24 қарашадағы № 418-V ҚРЗ)
According to Art. 56 of the Law on Informatization requires that internet resources with ".kz" and ".қaz" domains must be hosted on hardware and software complexes located in Kazakhstan. In other words, an internet resource (website, web application, web service) using a ".kz" or ".қaz" domain must be hosted on a server in a data centre located in Kazakhstan. The server must also be connected to a Kazakh internet provider and use a (dedicated or shared) Kazakhstan IP address. It is reported that the owners of Internet resources were originally required to start using Kazakhstan's data centres by November 2020; however, since the related transition required additional costs and time, the deadline for meeting this requirement was extended to February 2021.
Coverage Internet resources with ".kz" and ".қaz" domain
KAZAKHSTAN
Since May 2010
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law of the Republic of Kazakhstan dated 4 May 2010 No. 274-IV on Protection of Consumer Rights (Қазақстан Республикасының 2010 жылғы 4 мамырдағы № 274-IV Заңы Тұтынушылардың құқықтарын қорғау туралы)
The Law on Protection of Consumer Rights provides a comprehensive framework for consumer protection that also applies to online transactions. Art. 33 of the Law on Protection of Consumer Rights includes provisions for the protection of e-consumers. Additionally, e-consumers enjoy all other privileges of the normal consumers.
Coverage Horizontal
KAZAKHSTAN
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Kazakhstan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
KAZAKHSTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Kazakhstan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
KAZAKHSTAN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Kazakhstan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
KAZAKHSTAN
Since August 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
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
The list of goods prohibited or restricted for import and export in the Eurasian Economic Union, including Kazakhstan, was determined by the decision of the Board of the Eurasian Economic Commission in 2012. The Decision has been amended a few times since then. According to Section 1 of the so-called "Single List" contained in the Decision, the following digital goods are among the goods that are subject to export restrictions: (i) Special hardware meant for secret information acquisition; (ii) Encryption devices.
Coverage Special hardware and encryption devices
KAZAKHSTAN
Since May 2013, as amended in December 2017, entry into force in January 2018, last amended in 2022
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law of the Republic of Kazakhstan of 21 May 2013 No. 94-V on Personal Data and Its Protection (Қазақстан Республикасының 2013 жылғы 21 мамырдағы № 94-V Заңы Дербес деректер және оларды қорғау туралы)
In addition to the legal requirement of local processing of personal data in Kazakhstan introduced in 2015 in the Personal Data Law (Art. 12.2), pursuant to Art. 16.2 of the Law, a copy of personal data may only be transferred from Kazakhstan to a foreign country (including for purposes of processing) without prior permission from the personal data subject only if the recipient of the personal data is located in a country that protects personal data (at either the national level (by adopting national laws and regulations) or the international level (through international treaties). Pursuant to Art. 16.3 of the Personal Data Law, if no such protection is available, cross-border transfers of personal data are only possible if:
- The subject gives specific consent;
- In cases specified by international treaties ratified by Kazakhstan;
- In cases stipulated in the laws of Kazakhstan in order to protect the constitutional order, public order, rights and freedoms of an individual and a citizen, and public health and morality; and
- In the case of the protection of the constitutional rights of an individual and citizen, where getting the consent of the subject or their legal representative is impossible.
It is reported that national legislation does not specify a list of countries to which the transfer of data is prohibited, nor are there any criteria listed for determining the countries that provide a proper level of protection of personal data.
- The subject gives specific consent;
- In cases specified by international treaties ratified by Kazakhstan;
- In cases stipulated in the laws of Kazakhstan in order to protect the constitutional order, public order, rights and freedoms of an individual and a citizen, and public health and morality; and
- In the case of the protection of the constitutional rights of an individual and citizen, where getting the consent of the subject or their legal representative is impossible.
It is reported that national legislation does not specify a list of countries to which the transfer of data is prohibited, nor are there any criteria listed for determining the countries that provide a proper level of protection of personal data.
Coverage Horizontal
KAZAKHSTAN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Kazakhstan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
KAZAKHSTAN
Since May 2013, last amended in 2022
Since July 2020
Since July 2020
Pillar Domestic data policies |
Indicator Framework for data protection
Law of the Republic of Kazakhstan of 21 May 2013 No. 94-V on Personal Data and Its Protection (Қазақстан Республикасының 2013 жылғы 21 мамырдағы № 94-V Заңы Дербес деректер және оларды қорғау туралы)
Law on Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on the Regulation of Digital Technologies (Қазақстан Республикасының Заңы 2020 жылғы 25 маусымдағы № 347-VI ҚРЗ Қазақстан Республикасының кейбір заңнамалық актілеріне цифрлық технологияларды реттеу мәселелері бойынша өзгерістер мен толықтырулар енгізу туралы)
Law on Amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on the Regulation of Digital Technologies (Қазақстан Республикасының Заңы 2020 жылғы 25 маусымдағы № 347-VI ҚРЗ Қазақстан Республикасының кейбір заңнамалық актілеріне цифрлық технологияларды реттеу мәселелері бойынша өзгерістер мен толықтырулар енгізу туралы)
Law No. No. 94-V provides a comprehensive regime of data protection in Kazakhstan. The Personal Data Law provides general regulations on the collection and processing of personal data and notably includes broad requirements for data localisation. In addition, the Amendment Law was introduced in July 2020, significantly extending data protection obligations for organisations. The Amendment Law introduces, among other things, further requirements for data collection and processing, obligations for data operators (similar to data processors), and redefines key concepts. The Amendment Law further establishes the competency of the data protection authority, including its powers and role.
Coverage Horizontal
KAZAKHSTAN
Since December 2017, entry into force in April 2018
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law on Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Information and Communications (Закон Республики Казахстан от 28 декабря 2017 года № 128-VI «О внесении изменений и дополнений в некоторые законодательные акты Республики Казахстан по вопросам информации и коммуникаций» (с изменениями от 24.05.2018 г.))
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.
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.
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.
Coverage Domestic websites
Sources
- https://web.archive.org/web/20231210002921/https://eurasianet.org/kazakhstan-online-anonymity-ban-in-force-from-april
- https://web.archive.org/web/20230202023623/https://freedomhouse.org/country/kazakhstan/freedom-net/2020
- https://web.archive.org/web/20231130075243/https://online.zakon.kz/DOCUMENT/?doc_id=34205812&show_di=1&pos=0;65#pos=0;65
- Show more...
KAZAKHSTAN
Since May 2013, as amended in December 2021
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law of the Republic of Kazakhstan of 21 May 2013 No. 94-V on Personal Data and Its Protection (Қазақстан Республикасының 2013 жылғы 21 мамырдағы № 94-V Заңы Дербес деректер және оларды қорғау туралы)
According to Art. 25.2(10) of Law No. 94-V, an owner and/or operator of a personal data database, which is a legal entity, should appoint a person responsible for organising the processing of personal data (this requirement does not apply to the activities of courts). According to Art. 25.3, such a person is entrusted with the following duties:
- Exercise internal control over observance by the owner and/or operator of a personal data database and its employees of Kazakh law requirements in relation to personal data and its protection;
- Inform the employees of an owner and/or operator of the provisions of Kazakh law with respect to processing and protection of personal data;
- Exercise control over receipt and processing of applications from personal data subjects or their legal representatives.
- Exercise internal control over observance by the owner and/or operator of a personal data database and its employees of Kazakh law requirements in relation to personal data and its protection;
- Inform the employees of an owner and/or operator of the provisions of Kazakh law with respect to processing and protection of personal data;
- Exercise control over receipt and processing of applications from personal data subjects or their legal representatives.
Coverage Horizontal
KAZAKHSTAN
Since July 2004, as amended in July 2019, last amended in September 2022
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
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)
In July 2019, the government introduced the Qaznet Trust Certificate under the Law on Communications, a machine-in-the-middle (MITM) technology that enables it to monitor users’ online activities. The certificate requires every internet user in the country to install a backdoor, allowing the government to conduct surveillance. This allows the government to conduct a so-called “man-in-the-middle” attack, which allows the government to intercept every secure connection in the country and see web browsing history, usernames and passwords, and even secure and HTTPS-encrypted traffic.
KazakhTelecom, the country’s largest telecommunications company, has said that citizens are “obliged” to install a “national security certificate” on every device, including desktops and mobile devices.
It is reported that the commentators and experts inside the country and abroad almost unanimously consider the certificate a government-initiated technology for the interception of encrypted user traffic via MITM attacks. Some of the 37 websites that University of Michigan researchers identified as targets of the certificate included Facebook, Gmail, Instagram, Mail.ru, OK, Twitter, VK, and YouTube, suggesting that its purpose was to “surveil users on social networking and communication sites.”
On 21 August 2019, Mozilla and Google simultaneously announced that their Firefox and Chrome web browsers would not accept the government-issued certificate, even if installed manually by users. Later, Apple announced that it would make similar changes to its Safari browser and that the certificate would not be installed. After this, the requirement for the installation of the certificate was postponed.
While required, the certificate appeared to affect a fraction of connections passing through the country’s largest ISP, Kazakhtelecom. This means that some, but not all, of the Kazakh Internet population was affected.
In December 2020, Kazakhstan once again tried to enforce the installation of the certificate. However, the enforcement once again halted after the protest of the major internet browsers. Although not enforced, the provisions for mandatory installation of the certificate remain in Kazakhstan's regulations.
KazakhTelecom, the country’s largest telecommunications company, has said that citizens are “obliged” to install a “national security certificate” on every device, including desktops and mobile devices.
It is reported that the commentators and experts inside the country and abroad almost unanimously consider the certificate a government-initiated technology for the interception of encrypted user traffic via MITM attacks. Some of the 37 websites that University of Michigan researchers identified as targets of the certificate included Facebook, Gmail, Instagram, Mail.ru, OK, Twitter, VK, and YouTube, suggesting that its purpose was to “surveil users on social networking and communication sites.”
On 21 August 2019, Mozilla and Google simultaneously announced that their Firefox and Chrome web browsers would not accept the government-issued certificate, even if installed manually by users. Later, Apple announced that it would make similar changes to its Safari browser and that the certificate would not be installed. After this, the requirement for the installation of the certificate was postponed.
While required, the certificate appeared to affect a fraction of connections passing through the country’s largest ISP, Kazakhtelecom. This means that some, but not all, of the Kazakh Internet population was affected.
In December 2020, Kazakhstan once again tried to enforce the installation of the certificate. However, the enforcement once again halted after the protest of the major internet browsers. Although not enforced, the provisions for mandatory installation of the certificate remain in Kazakhstan's regulations.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230307044623/https://adilet.zan.kz/eng/docs/Z040000567_
- https://www.gp-digital.org/world-map-of-encryption/
- https://web.archive.org/web/20230215091055/https://freedomhouse.org/country/kazakhstan/freedom-net/2020
- https://web.archive.org/web/20230923120905/https://www.engadget.com/tech-giants-browsers-block-kazakhstan-web-surveillance-080031499.html
- https://web.archive.org/web/20220320025856/https://www.reuters.com/article/us-kazakhstan-internet-surveillance-idUSKCN1UX0VD
- https://web.archive.org/web/20220328030754/https://venturebeat.com/2019/08/21/google-and-mozilla-block-kazakhstan-root-ca-certificate-from-chrome-and-firefox/
- https://web.archive.org/web/20230329115524/https://censoredplanet.org/kazakhstan
- Show more...
KAZAKHSTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
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.
Coverage Internet intermediaries
KAZAKHSTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
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.
Coverage Internet intermediaries
