of September 29, 2023 No. 388-HK
About approval of Rules of maintaining the register of legal representatives of online platforms in the territory of the Republic of Kazakhstan and about recognition No. 344 which voided the order of the Minister of information and social development of the Republic of Kazakhstan of August 24, 2022 "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 the subitem 2) Article 8 and Item 2 of article 9 of the Law of the Republic of Kazakhstan "About online platforms and online advertizing", PRIKAZYVAYU:
1. Approve the enclosed Rules of maintaining the register of legal representatives of online platforms in the territory of the Republic of Kazakhstan.
2. Declare invalid the 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" (it is registered in the Register of state registration of regulatory legal acts for No. 29293).
3. To provide to committee of information of the Ministry of Culture and information of the Republic of Kazakhstan 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 Culture and information of the Republic of Kazakhstan;
3) within ten working days after state registration of this order submission to Legal department of the Ministry of Culture and information of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.
4. To impose control of execution of this order on the supervising vice-Minister of Culture and Information of the Republic of Kazakhstan.
5. This order becomes effective after ten calendar days after day of its first official publication.
Acting minister of culture and information of the Republic of Kazakhstan
K. Iskakov
Approved by the Order of the Minister of Culture and Information of the Republic of Kazakhstan of September 29, 2023 No. 388-HK
1. These rules of maintaining the register of legal representatives of online platforms in the territory of the Republic of Kazakhstan (further - Rules) are developed according to the subitem 2) of Article 8 and Item 2 of article 9 of the Law of the Republic of Kazakhstan "About online platforms and online advertizing" and determine procedure for maintaining the register of legal representatives of the online platforms performing interaction with authorized body, average daily access to which within a month constitutes more than hundred thousand users who are in the territory of the Republic of Kazakhstan (further - the register).
2. In these rules 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) 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;
3) 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;
4) 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;
5) content on online platform - 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;
6) authorized body - the central executive body performing state regulation in the field of online platforms and online advertizing.
3. The main objectives of maintaining the register are inclusion in the register and accounting of legal representatives of online platforms in the territory of the Republic of Kazakhstan.
4. The register is kept by authorized body in electronic form in the Kazakh and Russian languages.
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 www.gov.kz authorized body by owners and (or) other legal representatives of online platform according to subitems 1), 2), 3), 4) and 5) of Item 8 of these rules.
6. The authorized body within 7 (seven) working days from the moment of representation on the e-mail address by owners and (or) other legal representatives of online platforms of data for inclusion in the register, checks them for availability of data, stipulated in Item 8 these rules.
The owner and (or) other legal representative of online platforms gives (withdraws) consent to collection, personal data processing in writing, by means of the direction of consent to the e-mail address of authorized body according to the procedure determined by the Law of the Republic of Kazakhstan "About personal data and their protection" (further - the Law).
In case of representation by owners and (or) other legal representatives of online platforms of incomplete data for inclusion in the register, authorized body prepares motivated failure and directs it to the e-mail address of the owner and (or) other legal representative of online platform.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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