Document from CIS Legislation database © 2003-2024 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF KAZAKHSTAN

of July 10, 2023 No. 18-VIII ZRK

About online platforms and online advertizing

(as amended of the Law of the Republic of Kazakhstan of 19.06.2024 No. 94-VIII ZRK)

This Law governs the public relations connected with the online platforms functioning in the territory of the Republic of Kazakhstan and also the public relations arising in production process, placements, distribution and storages of online advertizing in the territory of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the account - the personal page of the user of online platform which is created after registration on online platform;

2) sponsor's content - kind of content on online platforms distributed by users of online platforms by placement it on the account which creation is made by the user of online platform and (or) the sponsor;

3) false information - the information untrue or containing essential misrepresentations, creating false idea of faces, objects, events, the phenomena and processes, fixed in any form;

4) public community - the page registered by the user of online platform on online platform placing information for the indefinite number of users of online platforms;

5) the moderator of public community - the person who is the owner and (or) the user of online platform, given the right of placement and (or) removal, and (or) editing content on online platform;

6) inflyuenser (blogger) - the user of online platform publishing information on online platform addressed to the indefinite group of people for the purpose of business activity;

7) service of instant messaging - the software intended and (or) used by users of online platform 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;

8) online advertizing - the advertizing on online platforms made and (or) placed, and (or) extended, and (or) stored by users of online platforms and (or) owners of online platforms in the form of targeted advertizing and (or) sponsor's content, and (or) other information, intended for the indefinite group of people;

9) the distributor of online advertizing - the user of online platform performing production and (or) placement, and (or) online advertizing distribution;

10) online platform - Internet resource and (or) the software functioning in the Internet, and (or) service of instant messaging intended for obtaining, production and (or) placement, and (or) distribution, and (or) storage of content on online platform by the user of online platform by means of the account created by it, public community, except for the Internet resource and (or) the software functioning on the Internet and (or) the service of instant messaging intended for provision of financial services and electronic commerce;

11) content on online platform (further - content) - the information obtained and (or) made, and (or) placed, and (or) distributed, and (or) stored by the user of online platform by means of 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) audiovisual form on online platform to specifically certain or indefinite group of people;

12) the owner of online platform - the physical and (or) legal entity having the property right to online platform;

13) referral system of online platform - fully or partially the automated system of online platform determining priority of content of online platform on the interface and also priority of search results;

14) the user of online platform (further - the user) - the physical and (or) legal entity who registered and (or) provided the personal data, and (or) underwent identification on online platform;

15) profiling - set of the algorithms directed to determination of preferences and (or) interests of users;

16) targeted online advertizing - the online advertizing intended for the target groups determined based on profiling, and directed to increase in scope of users and (or) increase in its priority including with use of referral system of online platform;

17) authorized body - the central executive body performing state regulation in the field of online platforms and online advertizing.

Article 2. Legislation of the Republic of Kazakhstan on online platforms and online advertizing

1. The legislation of the Republic of Kazakhstan on online platforms and online advertizing is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. The international agreements ratified by the Republic of Kazakhstan have priority before this Law. The procedure and conditions of action in the territory of the Republic of Kazakhstan of international treaties which participant is the Republic of Kazakhstan are determined by the legislation of the Republic of Kazakhstan.

3. Operation of this Law does not extend to the relations arising between users when using services of instant messaging for personal and family needs if at the same time the rights and legitimate interests of other physical and (or) legal entities and the requirement of the laws of the Republic of Kazakhstan are not violated.

Article 3. Purposes and tasks of this Law

1. The purpose of this Law is determination of the legal basis of functioning of online platforms, and also productions, placements, distribution and storages of online advertizing, prevention and suppression of illegal content.

2. Tasks of this Law are:

1) ensuring transparency of functioning of online platforms;

2) safety of information space of the Republic of Kazakhstan;

3) non-admission of illegal content;

4) protection of children on online platforms from information doing harm to their health and development;

5) ensuring protection of rights and freedoms of man and citizen in case of collection and processing of its personal data in the limits established by the laws of the Republic of Kazakhstan.

Article 4. Principles of this Law

The principles of this Law are:

1) providing and human rights protection and the citizen on free receipt and distribution of information by any methods which are not prohibited by the laws of the Republic of Kazakhstan on online platforms;

2) providing freedom of expression and creativity on online platforms;

3) law enforcement in case of collection, accumulating and distribution of information on the users who are citizens of the Republic of Kazakhstan;

4) ensuring the state protection of interests of citizens of the Republic of Kazakhstan on online platforms;

5) restriction of the rights of owners of online platforms and users in case of violation of the legislation of the Republic of Kazakhstan by them.

Article 5. Language of online platforms

1. The owner of online platform creates possibility of use of the interface, and also acquaintance with the user agreement of online platform, including summary of its main conditions in Kazakh.

2. The owner of online platform creates possibility of machine translation of content into Kazakh.

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