Main Legislation Governing the Information Technologies in Kazakhstan
Kazakhstan Law “On Informatization” #418-V, dated 24 November 2015 (IT Law) is the main legislation governing the information technologies in Kazakhstan. The IT Law regulates public relations in the field of informatization arising on the territory of Kazakhstan among state bodies, individuals and legal entities in the process of the creation, development and operation of information technologies, and aimed at state support for the development of the information and communication technologies industry. The information technologies sector is also governed by various laws, rules and regulations that were introduced by various state authorities to regulate the broad sphere of use of the information technologies.
State Competent Body in the Sphere of Information Technologies
The IT Law establishes the authorized body in the area of Informatization, which implements the state policy in the sphere of Informatization. Currently, the authorized body is the Ministry of Information and Communications of Kazakhstan and its Committee for State Control of Communications, Informatization and Mass media.
Electronic Information Resources Classified Under the IT Law
According to Article 32 of the IT Law, the electronic information resources (i.e. data) are divided to the following types:
depending on the form of property:
- owned by the state;
- not owned by the state.
The electronic information resources created, acquired and accumulated at the expense of the state budget funds, as well as obtained by the state authorities by other means, established by the laws of Kazakhstan, are deemed to be owned by the state. While, the electronic information resources created or acquired at the expense of individuals and legal entities, as well as received by them in other ways, established by the laws of Kazakhstan are not owned by the state.
depending on the level of access:
- publicly available;
- with the limited access:
- the state secrets;
- the confidential one.
The electronic information resources that are provided or distributed by the owner of such electronic information resources without specifying the conditions for their access or use thereof, as well as the information access to which is free and does not depend on the form of its provision and the method of its distribution, are considered to be publicly available. Whereas, the electronic information resources containing the information, access to which is limited by the laws of Kazakhstan or limited by the owner of such electronic information resources in cases specified by the laws of Kazakhstan, are deemed to be with the limited access.
Personal Data Issues
The IT Law provides that prior to transfer of the electronic information resources containing personal data to the owner of the information system, the owner of such resources is obliged to obtain the consent of the person to whom the data relates (or his/her legal representative) to the collection and processing of personal data in the process of use of such information systems, save to the cases and subject to the rules stipulated by Kazakhstan Law “On Personal Data and their Protection” dated 21 May 2013 (Personal Data Law).
Here, it is important to note that together with the IT Law on 24 November 2015 the President of Kazakhstan also signed Kazakhstan law “On Introducing Amendments to the Certain Legislative Acts of the Republic of Kazakhstan On Informatization Issues” #419-V (Amendments). The Amendments were also introduced to the Personal Data Law. In particular, the main change to the Personal Data Law introduced by the Amendments (effective from 1 January 2016) was made to its Article 12, which now provides that storage of personal data is carried out by the owner and (or) the operator, as well as a third person in the database, which is stored on the territory of Kazakhstan.
Legal Framework for Cloud Computing (Technologies)
Kazakhstan law does not introduce/define the term and concept of cloud computing (technologies). Neither Kazakhstan law provides scenario how different types of data (electronic information resources) can be collected, used, stored and transferred in the context of use of cloud services and technologies. At the same time, it should be noted that there are no any prohibitions or restrictions (legal blockers) under Kazakhstan law to use cloud services and technologies either in public or private sector. This area of information technologies lacks legal regulation.
Kazakhstan adopted the State Program (Concept) “Informational Kazakhstan-2020” by the Order of the President of Kazakhstan dated 8 January 2013 (the text of the document in Russian can be found at: http://www.adilet.zan.kz/rus/docs/U1300000464, which indicates the necessity for further development of information technologies in Kazakhstan, including cloud services. Further, the Government of Kazakhstan is currently elaborating the State Program “Digital Kazakhstan”. It can be anticipated that these initiatives will eventually result in the adoption of legislation regulating information technologies and concepts and technologies such as cloud services, 3D printing, e-commerce and mass implementation of online and digital services.
State Support of the Development of Infrastructure for Information Technologies
In 2003, by the Order of the President of Kazakhstan “On Establishment Of Special Economic Zone “Park Of Innovative Technologies” #1166 dated 18 August 2003, a special techno park of innovative technologies was established nearby Almaty city (Alatau IT City), with the purpose of development of information and innovative technologies in Kazakhstan, establishment of IT start-ups etc.
Benefits are Given to Participants of Special Economic Zone “Park Of Innovative Technologies”
Under Kazakhstan law, participants of Special Economic Zone “Park of Innovative Technologies” enjoy the exemption from corporate income, property, land and social taxes, VAT (for selected goods and services). They also have the privileged access to and rights of use of the infrastructure, land and premises built on the territory of the Special Economic Zone.
The provided information does not constitute formal legal advice and should not be relied upon without further consultation with legal advisors.