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KAZAKHSTAN

Since December 2017, entry into force in April 2018

Pillar Intermediary liability  |  Indicator User identity requirement
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. 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.
Coverage Domestic websites

KAZAKHSTAN

Since July 2004, as amended in 2016, last amended in September 2022
Since July 2014, last amended in November 2022

Pillar Intermediary liability  |  Indicator Monitoring 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)

The Code of the Republic of Kazakhstan «On Administrative Infractions» (Қазақстан Республикасының Кодексі 2014 жылғы 5 шілдедегі № 235-V ҚРЗ Әкімшілік құқық бұзушылық туралы)
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.
Coverage Internet service

KAZAKHSTAN

Reported in 2017, last reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of websites
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.
Coverage Horizontal

KAZAKHSTAN

Since April 2004, last amended in December 2022
Since March 2015, as amended in July 2019, last amended September 2022
Since January 2015, last amended in October 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Law No. 544 on the Regulation of Trading Activities (Қазақстан Республикасының 2004 жылғы 12 сәуірдегі N 544 Заңы Сауда қызметін реттеу туралы)

Order No. 264 on the Approval of the Rules of Domestic Trade (№ 264 бұйрығы Ішкі сауда қағидаларын бекіту туралы)

Order No. 4 on the Approval of the Forms of Messages and the Principles of Receiving Messages by State Bodies, as well as on Determining the State Bodies That Carry Out the Reception of Messages ( бұйрығы № 4 Хабарламалар нысандарын және Мемлекеттік органдардың хабарламаларды қабылдау қағидаларын бекіту туралы, сондай-ақ хабарламаларды қабылдауды жүзеге асыратын мемлекеттік органдарды айқындау туралы)
In accordance with subparagraph 4-1 of Art. 7 of Law No. 544, the Minister of National Economy of Kazakhstan ordered the approval of the Rules of Domestic Trade (Order No. 264). Arts. 105-1 and 106-1 of the Rules mandate e-commerce sellers to indicate their BIN (business identification number), address of business operations on the territory of Kazakhstan and mobile telephone number registered in Kazakhstan in order to operate in the country. Additional information on this requirement is found in Annex 3-10 of Order No. 4.
Coverage E-commerce sellers

KAZAKHSTAN

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Kazakhstan has a telecommunications authority: The Telecommunications Committee of the Ministry of Digital Development, Innovations and Aerospace Industry of the Republic of Kazakhstan. However, it is reported that this entity's decision-making process is not fully independent of the government.
Coverage Telecommunications sector

KAZAKHSTAN

Since July 1999

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patent law of the Republic of Kazakhstan (Қазақстан Республикасының Патент Заңы)
According to Art. 38 of the Patent law of the Republic of Kazakhstan, foreign individuals, foreign legal entities and stateless persons residing in the Republic of Kazakhstan enjoy the same rights as Kazakhstani citizens. However, under Article 36.5 of the Patent Law of the Republic of Kazakhstan, natural persons residing outside the Republic of Kazakhstan or foreign legal entities shall exercise their rights as patent applicants and patentees, as well as the rights of interested persons in the authorised body and its organisations, through local patent attorneys. Pursuant to Art. 1 of the Law, patent agents are citizens of the Republic of Kazakhstan who, in accordance with the legislation of the Republic of Kazakhstan, have the right to represent natural and legal persons before the authorised body and expert agency.
Coverage Horizontal

KAZAKHSTAN

Since November 2015, as amended in June 2020, last amended in December 2023
Since April 2005, until September 2010

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Law No. 418-V ZRK of the Republic of Kazakhstan on Informatization (Қазақстан Республикасының Ақпараттандыру туралы Заңы 2015 жылғы 24 қарашадағы № 418-V ҚРЗ)

Acting Chairman of the Republic of Kazakhstan Agency for Informatization and Communication Order No. 88-b of 5 April 2005 on the Approval of Regulations for the Allocation of Domain Space in the Kazakhstan Segment of the Internet (Қазақстан Республикасының Ақпараттандыру және байланыс жөніндегі агенттігі төрағасының 2005 жылғы 5 сәуірдегі N 88-б Бұйрығы Интернет желісінің қазақстандық сегментінің домендік кеңістігін бөлу ережесін бекіту туралы)
Art. 56-1 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 (owned/rented/cloud hosted/VDS hosted/virtually hosted) in a data centre (server/office) located in Kazakhstan. The server must also be connected to a Kazakh internet provider and use a (dedicated or shared) Kazakhstan IP address.
A similar requirement has been in place since 2005, as established in Clauses 7 and 8 of the Regulations for the Allocation of Domain Space in the Kazakhstan Segment of the Internet. These clauses provided that an application for domain name registration may be refused or registration may be cancelled if the domain servers were not located inside Kazakhstan.
Coverage Internet resources with .kz and .қaz domain

KAZAKHSTAN

Since December 1991

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty
Kazakhstan is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

KAZAKHSTAN

Since March 2010, as amended in April 2018, until July 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Resolution of the Government of the Republic of Kazakhstan No. 246 on Approval of the Rules for Communication Operators to Collect and Store Service Information about Subscribers (Қазақстан Республикасы Үкіметінің 2010 жылғы 30 наурыздағы № 246 Қаулысы Байланыс операторларының абоненттер туралы қызметтік ақпаратты жинау мен сақтауды жүзеге асыру қағидаларын бекіту туралы)
Paragraph 6-1 of Resolution No. 246 prohibited the storage of telecommunication subscriber information outside the country. The Resolution was repealed in July 2023.
Coverage Telecommunications sector

KAZAKHSTAN

Since June 1996, last amended in June 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law of the Republic of Kazakhstan No. 6-I of 10 June 1996, on Copyright and Related Rights (Қазақстан Республикасының 1996 жылғы 10 маусымдағы N 6-I Заңы Авторлық құқық және сабақтас құқықтар туралы)
Kazakhstan has a copyright regime under Law of the Republic of Kazakhstan No. 6-I of June 10, 1996, on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 18-27 list the exceptions, which include the quotation, in the original language or in translation, for scientific or for research, polemic, critical or informational purposes and to the extent justified by the intended purpose; the reproduction, broadcasting or communication to the public by cable of architectural works, photographic works or works of fine art permanently located in public; among others.
Coverage Horizontal

KAZAKHSTAN

Reported in 2018, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced on the Internet in Kazakhstan. It is reported that foreign companies complain about inadequate IPR protection and that there is a high level of pirated software used in the country. Judges, customs officials and police officers lack IPR expertise, exacerbating weak IPR enforcement. In addition, online piracy is reported to remain a concern, particularly through piracy devices and applications, illegal recording, and the use of unlicensed software.
Coverage Horizontal

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

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