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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 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.
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

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 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.
Coverage Domestic websites

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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