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ORDER OF THE MINISTER OF INFORMATION AND SOCIAL DEVELOPMENT OF THE REPUBLIC OF KAZAKHSTAN

of August 24, 2022 No. 344

About approval of Rules of maintaining the register of legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body in the field of mass media

According to Item 2 of article 18-2 of the Law of the Republic of Kazakhstan "About informatization", PRIKAZYVAYU:

1. Approve the enclosed Rules of maintaining the register of legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body in the field of mass media.

2. To provide to committee of information of the Ministry of information and social development in the procedure established by the legislation of the Republic of Kazakhstan:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of information and social development of the Republic of Kazakhstan;

3) within ten working days after state registration of this order in the Ministry of Justice submission to Legal department of the Ministry of information and social development of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the supervising vice-minister of information and social development of the Republic of Kazakhstan.

4. This order becomes effective after ten calendar days after day of its first official publication.

Minister of information and social development of the Republic of Kazakhstan

A. Umarov

Approved by the Order of the Minister of information and social development of the Republic of Kazakhstan of August 24, 2022 No. 344

Rules of maintaining the register of legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body in the field of mass media

Chapter 1. General provisions

1. These rules of maintaining the register of legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body in the field of mass media (further – Rules) are developed according to Item 2 of article 18-2 of the Law of the Republic of Kazakhstan "About informatization" and determine procedure for maintaining the register of legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body in the field of mass media (further – the register).

2. In these rules the following basic concepts are used:

1) Internet resource – information (in text, graphical, audiovisual or other type) placed on the hardware and software having the unique network address and (or) domain name and functioning on the Internet;

2) service of instant messaging – the software intended and (or) used by users for instant messaging or their transfer to specifically certain person (certain persons) in real time with use of networks of telecommunications, except for the software intended for provision of financial services and electronic commerce;

3) online platform – the Internet resource and (or) service of instant messaging intended for distribution of information by the user by means of the personal page created by it by placement, acceptance and (or) transfer of signs and (or) signals, and (or) voice information, and (or) the written text, and (or) the image, and (or) sounds, and (or) messages to specifically certain or indefinite group of people, except for Internet resource and (or) the service of instant messaging intended for provision of financial services and electronic commerce;

4) authorized body – the state body performing state regulation in the field of mass media.

3. The main objectives of maintaining the register are inclusion and accounting of legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body.

4. The register is kept by authorized body in electronic form on Kazakh and other languages.

Chapter 2. Procedure for maintaining the register of legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body in the field of mass media

5. Forming and maintaining the register is performed by authorized body based on the data provided on the e-mail address specified on official Internet resource of authorized body by owners and (or) other legal representatives of foreign online platform and (or) service of instant messaging according to subitems 1), 2), 3), 4), 6) and 7) of Item 7 of these rules.

6. Inclusion in the register of information about legal representatives of the foreign online platforms and (or) services of instant messaging performing interaction with authorized body in the field of mass media is performed by authorized body within 7 (seven) working days from the date of receipt of data on the e-mail address specified on the official site of authorized body.

7. Each register entry contains the following information:

1) information about legal representatives of foreign online platforms and (or) services of instant messaging:

for citizens of the Republic of Kazakhstan – surname, name, middle name (in case of its availability), individual identification number, registration address at the place of residence (stay) or the address of the place of the actual accommodation;

for legal entities – the complete and reduced (in the presence) name, form of business, the location address, business identification number, the primary state registration number, surname, name, middle name (in case of its availability) the head of the legal entity, other contact person of the organization;

for individual entrepreneurs – the name, surname, name, middle name (in case of its availability), individual identification number, registration address at the place of residence (stay);

for the foreign organizations – the complete and reduced (in the presence) name, country of incorporation, the tax identifier and (or) the identifier in the trade register of country of incorporation, the location address;

for foreign citizens and stateless persons – surname, name, middle name (in case of its availability), type, number and the country of issue of the identity document, registration address at the place of residence (stay) (in the presence);

2) postal address, e-mail address of the legal representative of foreign online platforms and (or) services of instant messaging;

3) domain name of online platform and (or) service of instant messaging;

4) e-mail address of administration of online platform and (or) service of instant messaging;

5) number of the register entry and date of its inclusion in the register;

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