DIGITAL CODE OF THE KYRGYZ REPUBLIC

of July 31, 2025 No. 178

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 18, 2025

Common part

Section I. Bases of legal regulation in digital medium

Chapter 1. General provisions

Article 1. Determination of the basic concepts containing in this Code

In this Code the following basic concepts and their determinations are applied:

1) the automated solution - the decision made on the basis of digital data so that results of processing of digital data were created and used for origin, change or the termination of legal relationship without participation of the person;

2) the author of the digital document - the subject of legal relationship in digital medium, the digital signature or the identifier of which belongs to the digital document;

3) accreditation of certification center - recognition by the industry regulator of the National digital ecosystem (further - national ecosystem) certification center to the relevant requirements established by this Code and to the regulatory legal acts adopted on its basis;

4) broadcasting services - the telecommunication services intended only for distribution TV, radio channels including packaging TV, radio channels in broadcasting multiplexes;

5) the virtual operator - the supplier of telecommunication service using digital resource of numbering or digital radio-frequency resource of the Kyrgyz Republic for the purposes of its provision, but not being the owner of telecommunication networks in the Kyrgyz Republic;

6) the owner of personal records - the subject of legal relationship in digital medium which independently or together with other persons determines the purposes and methods of personal data processing;

7) the certificate holder of key of verification of the digital signature - the subject of legal relationship in digital medium to which according to the procedure, established by this Code, the certification center issues the certificate of key of verification of the digital signature;

8) the owner of digital resource - the subject of legal relationship in digital medium which independently or together with other persons created such digital resource or received the right to permit or limit access to digital resource based on the law or the agreement;

9) the owner of digital technological system - the subject of legal relationship in digital medium which independently or together with other persons created such system or acquired the right to its operation according to regulatory legal act or the agreement;

10) the owner of digital ecosystem - the subject of legal relationship in digital medium, independently or together with other persons determining rules of digital ecosystem;

11) the owner of digital records - the subject of legal relationship in digital medium which independently or together with other persons created such records or received the right to permit or limit access to digital records based on the law or the agreement;

12) high-frequency devices - the devices intended for physical impact on objects by means of radio emission;

13) the state digital service (further - state service) - the digital service used for accomplishment of functions, obligations and powers of state bodies and local government bodies;

14) the state (municipal) digital resource - the digital resource created for the purpose of provision of state services by state bodies or local government bodies;

15) dipfeyk - creation or change of images or audio-, the video records showing considerable similarity to the existing persons, objects, the phenomena or events and capable to make at physical persons false impression about reliability of such images or materials;

16) the confidential third party - person providing joint recognition of authenticity of the digital signatures created according to rules of law of foreign state, and the digital signatures created according to this Code;

17) confidential digital service - the digital service directed to the certificate of origin, change or termination of the relations in digital medium;

18) the identifier - any information, including code, the cipher, number or the address allowing to connect the digital records containing such information, among themselves and with the subject of legal relationship in digital medium;

19) identity - identity of the subject to throughout legal relationship;

20) information - the contents (content) of digital data, digital records directly available to perception by the person;

21) information of personal nature - information (irrespective of its reliability) about physical person which can be identified or based on this information, or based on this information in total with other information to which the owner of records has access or can receive it;

22) infrastructure - lands (parcels of land), buildings, structures, constructions and other similar objects;

23) incident in digital medium - the event or action resulting in incompleteness, unauthenticity, irrelevance of digital records, unavailability or violation of functioning of digital services or digital technological systems;

24) the qualified certificate of key of verification of the digital signature (the qualified certificate) - the certificate of key of verification of the digital signature issued by the accredited certification center or the authorized representative of accredited certification center or the industry regulator performing functions of root certification center;

25) key - any information (code, the cipher) which is available for the person to which the identifier belongs, and unambiguously connecting such person with the identifier used by it;

26) key of verification of the digital signature - the unique string which is unambiguously connected with key of the digital signature and intended for check of authenticity of the digital signature;

27) key of the digital signature - the unique string intended for creation of the digital signature;

28) conversion of radio frequencies - transfer process of bands of the radio frequencies determined in the National allocation table of radio frequencies, or their parts:

a) from category of government use in category of civil or joint government and civil use;

b) from category of joint government and civil use in category of civil use;

29) constructive data protection - data protection on the basis of the construction of technological systems oriented to interests of their users and considering lifecycle of the digital records and digital services provided with its help processed by system;

30) contact information - the identifier intended for communication in digital medium with the person to which it belongs;

31) the coordinating body - the authorized state body performing cross-industry and interagency coordination of activities of state bodies, local government bodies, legal entities in the course of digital transformation of the Kyrgyz Republic;

32) metadata - the structured digital data characterizing any digital objects of legal relationship in digital medium for their identification, search and management of them;

33) the mobile device - the digital device having the international identification code (IMEI);

34) national ecosystem - national (nation-wide) digital ecosystem which owner is the Kyrgyz Republic;

35) processing - any action (transaction) or set of actions (transactions) made with digital data (digital records) including collection, record, the organization, structuring, accumulating, storage, adaptation or change, loading, viewing, use, disclosure by means of transfer, distribution, exchange or other type of provision of access, comparison or combination, reducing, removal or destruction;

36) the processor - the subject of legal relationship in digital medium to whom other subjects charged based on the agreement or legal act to perform processing of digital records, operation of digital technological systems or provision of digital services, and equally to provide access to objects of legal relationship in digital medium;

37) public digital technological system - digital technological system, access to which is not limited according to the law, the agreement or the decision of the owner;

38) public digital records - the digital records including containing open data, access to which is not limited according to the law, the agreement or the decision of the owner;

39) open data - the digital data available in machine-readable format without restrictions for their reuse;

40) the industry regulator - the authorized state body performing conducting the checks and decision making obligatory for subjects of legal relationship in the corresponding field of activity, and in the cases provided by this Code, also issue of permissions (licenses);

41) the protected benefits - life and human health, rights and freedoms of man and citizen, the environment, defense capability of the state, homeland security of the state, public order and morality;

42) personal data - the digital data containing information of personal nature;

43) personal records - the digital records containing information of personal nature;

44) personal resources - the digital resources consisting of personal records;

45) the user - the subject of legal relationship in digital medium requesting or providing access to digital records, digital resources, digital services or technological systems;

46) the supplier of digital service - the subject of legal relationship in digital medium, independently or together with other persons the providing digital service to users;

47) the consumer - the physical person using digital technological system or digital service for personal reasons, not connected with generation of profit;

48) government communication network of the Kyrgyz Republic (government network) - the ad integrated secret telecommunication hoc network intended for conducting confidential negotiations and exchange of the classified information between state bodies, local government bodies, organizations and the organizations (companies) of the Kyrgyz Republic, including, being beyond its limits having the corresponding admission on implementation of activities with use of information constituting the state secrets for the benefit of public administration, homeland security, defense, protection of law and order and in case of emergency situations and also for conducting confidential negotiations and exchange of the classified information with foreign competent state bodies;

49) the applicable legislation - the legislation which is subject to application to legal relationship in digital medium with participation of foreign physical persons or legal entities or the complicated other foreign element, determined according to the Civil codes of the Kyrgyz Republic, other laws of the Kyrgyz Republic, international treaties which became effective according to the legislation of the Kyrgyz Republic, recognized by the international customs and also based on the agreement of the parties;

50) principal of these (records) - the subject of legal relationship in digital medium to which digital data or records belong (that is contain information on him);

51) space data - the data on space objects including including data on their form, location and properties;

52) space metadata - data which allow to describe the content and other characteristics of space data necessary for their identification and search;

53) space objects - natural, artificial and other objects (including buildings, constructions) which location can be determined;

54) public obligations - obligation to make certain actions or to perform the certain activities connected with use of radio-frequency range, assigned by the solution of the industry regulator or other authorized state body;

55) radio service - use of radio-frequency range for particular purposes;

56) radio-frequency range of the Kyrgyz Republic - the limited state resource representing the arranged set of radio frequencies which are located in the limits set by the International Telecommunications Union and can be used for functioning of radio-electronic means or high-frequency devices in the territory of the Kyrgyz Republic;

57) radio-electronic means - the devices intended for transfer and/or acceptance of data, telemetry, radar-location, communications of induction type, measurement of different parameters by means of radio waves;

58) the distributed digital resource - digital resource in which creation and processing of digital records is performed by general rules, namely according to protocols of data handling, general for the used digital technological systems, with use of two and more technical means distributed in space and belonging to different owners of such resource;

59) risk (in digital medium) - combination of probability and weight of incidents in digital medium;

60) the website - the digital resource identified with use of domain name or the Internet address;

61) service of digital wellbeing - the service directed to improvement of quality of life of physical person on the basis of processing of digital data about its physiological features;

62) the certificate of key of verification of the digital signature - the digital document or the paper document issued by certification center and confirming accessory of key of verification of the digital signature to the certificate holder of key of verification of the digital signature;

63) system of artificial intelligence - digital technological system which on the basis of digital data and set of the purposes set by the person, is capable to create forecasts, recommendations with certain degree of autonomy or to make the decisions exerting impact on condition of subjects or objects of external environment;

64) system of artificial intelligence of the increased danger - system of artificial intelligence which use increases probability of damnification to the protected benefits;

65) the smart contract - set of digital records, including the program for digital devices in the form of which all are stated or part of terms of transaction between subjects of legal relationship in digital medium which is performed irrespective of participation of the parties in case of receipt of the digital data provided by the parties of the transaction;

66) the owner of material carriers with information of personal nature - the person in which property there are material carriers with information of personal nature provided not in form of personal data;

67) means of certification center - program and (or) the hardware used for realization of functions of creation, storage and issue of certificates of key of verification of the digital signature, and also maintaining the register of certificates of key of verification of the digital signature;

68) means of the digital signature - the cryptography (cryptographic) tools used for realization at least by one of the following functions: creation of the digital signature, verification of the digital signature, creation of keys of the digital signature and keys of verification of the digital signature;

69) the subject of personal data - the physical person which is principal of personal data;

70) the subject of legal relationship in digital medium - the participant of the relations regulated by this Code to whom the Kyrgyz Republic, other states, state bodies, local government bodies and their officials, and also physical persons and legal entities concern. The rules established by this Code are applied to the relations with participation of foreign citizens, persons without citizenship, foreign legal entities, foreign states if other is not provided by this Code or the law;

71) telecommunications - exchange of digital data with other users by means of telecommunication service, including access path to the digital data loaded or created by other users and also voice connections with other users by means of telecommunication service;

72) telecommunication network - the digital technological system intended for provision of telecommunication service;

73) telecommunication construction - the infrastructure of the operator of telecommunications created or adapted for placement of telecommunication networks and (or) their elements (including base stations, antenna and mast constructions, antenna-feeder devices, linearly - cable constructions, but without being limited to them), which is not capital construction project;

74) telecommunication service - possibilities of use of digital technological systems available to users for the purpose of exchange of digital data with other users, including access path to the digital data loaded or created by other users and also possibility of voice connections on telecommunication network;

75) cross-border transfer of personal data - transfer of personal data to the owners of records who are under jurisdiction of other states;

76) certification center - the legal entity or the individual entrepreneur performing activities for creation and issue of certificates of key of verification of the digital signature;

77) devices of digital wellbeing - the digital technological systems and their elements used within services of digital wellbeing;

78) personal data leakage - kind of illegal personal data processing as a result of which personal data become available to persons which do not have legal cause for access to them;

79) digital authentication - confirmation of communication between the identifier and the person to which the identifier, treats with use of key;

80) digital record - digital data which can be identified with use of metadata;

81) digital identification - search of digital record for the purpose of link establishment between principal of data and such digital record;

82) the digital signature - information in digital form which is attached to other information in digital form and (or) is logically connected with it and is used for providing invariance of the digital document and determination of the author of the digital document;

83) digital medium - the system which does not have territorial borders of public relations on processing of digital data with use of digital devices;

84) digital technological system - system of digital devices, programs for them and the databases intended for processing of digital data;

85) digital stability - the condition of digital medium characterized by continuity of provision of digital services and uses of them, provided for the realization account of measures for cyber security and also effective management of risks and resources;

86) digital ecosystem - set of the public digital technological systems, digital resources and digital services used for ensuring interaction of subjects of legal relationship in digital medium by single rules;

87) the digital application (appendix) - the digital resource representing the program for electronic computers and other digital devices, used for access to digital data;

88) digital community - the consolidation of subjects of legal relationship in digital medium irrespective of availability of the status of the legal entity at it created by them on their own initiative and on the basis of voluntariness for realization of tasks of his participants based on general rules on development and (or) use of objects of legal relationship in digital medium;

89) the digital device - the technical device intended for processing of digital data including the electronic computer (EC);

90) digital - the term characterizing any phenomenon which necessary sign is use of digital data (in most cases - the data expressed by means of the binary code);

91) digital archive - the digital technological system providing integrity and invariance of the digital records processed with its help and limited access to them;

92) the digital document - digital record which invariance is provided by means of the digital signature or the identifier used according to rules of system of identification;

93) the digital duplicate of the document - the digital record reproducing in full information which is initially containing in the original of the document on the paper or other material carrier signed by the sign manual including its details;

94) the digital register - the digital resource consisting of the records confirming accessory of the rights to use the objects of accounting listed in this Code;

95) digital resource - the arranged set of digital records, including the database intended for storage and use of digital records and (or) digital data and access to them;

96) digital service - possibility of use of digital technological system for creation, transfer, digital data storage or access to them;

97) digital service of identification of mobile devices - digital service of identification and check of authenticity of identification code of the mobile devices operating and imported on the territory of the Kyrgyz Republic;

98) digital data - suitable for processing data with use of digital devices irrespective of form and method of their storage and transfer;

99) the digital rights - the rights to object of legal relationship in digital medium including the right to access to object of legal relationship in digital medium and the right to establish conditions of access to it;

100) the gateway - the digital device providing data transmission between telecommunication services for data transmission and provision of voice connections;

101) the National operator of telecommunications - the legal entity with the state share at least 80 percent determined by the resolution of the Cabinet of Ministers of the Kyrgyz Republic (further - the Cabinet of Ministers).

Article 2. Bases of the relations in digital medium

1. This Code fixes rules to which subjects of legal relationship shall follow in digital medium.

2. Subject of regulation of this Code is the digital medium at the following levels:

1) the relations connected with processing of digital data, creation and use of digital records including in the form of digital documents and digital resources;

2) the relations connected with creation and use of digital services, creation of digital ecosystems and participation in them;

3) the relations connected with creation of digital technological systems, including data-processing centers and telecommunication networks;

4) the relations concerning access for owners of digital technological systems to infrastructure (lands, buildings, structures, constructions and other similar objects).

3. The relations on distribution of separate types of information or access to it depending on its content are regulated by the legislation in the field of information and do not enter subject of regulation of this Code.

4. The relations following within counterintelligence and intelligence activities, and also operational search activities are regulated by the legislation in the respective spheres and do not enter subject of regulation of this Code.

5. Within regulation of digital medium this Code provides the exclusive list of cases in which it is allowed:

1) access restriction to objects of legal relationship in digital medium;

2) forced establishment of non-discriminatory access to objects of legal relationship in digital medium.

Article 3. Principles of regulation of digital medium

1. Regulation of digital medium is based on the all-legal, organizational and industry principles.

2. Treat the all-legal principles applied to regulation of digital medium:

1) justice and proportionality of regulation, priority of interests of the person as single ultimate user of digital technologies (concept of justice);

2) availability, clearness and predictability of legal regulation (principle of determinancy);

3) participation in development of rules for digital medium of all persons to whom rules, directly or through representatives (the principle of participation) extend.

3. Treat the organizational principles to which realization regulation of digital medium is directed:

1) possibility of subjects of legal relationship in digital medium at the choice to use any digital technologies if in case of their use the requirements established by this Code (the principle of technological neutrality) are fulfilled;

2) application of regulations of this Code without any discrimination against all subjects of legal relationship in digital medium regardless of quality, demand and other informative characteristics processed by them digital data (the principle of the content neutrality);

3) long-term stability of the rules and legal relationship determined by this Code, uninterruptedness, continuity of services and processes, security of objects and subjects of legal relationship in digital medium (the principle of stability);

4) encouragement of the competition in the digital markets, openness and compatibility of formats of data and records with possibility of their transfer between suppliers of different digital services and owners of different digital technological systems, availability of digital data and decision making on their basis, including in case of their reuse (the principle of openness);

5) storage for all lifecycle of appropriate technology of the necessary digital data confirming accomplishment of obligations by subjects of legal relationship, including elimination of violations by them and (or) observance of the rights in digital medium (the principle of accountability).

4. The industry principles making basis of regulation of the relations in certain spheres are fixed in the corresponding heads of this Code.

Article 4. Digital code and other regulatory legal acts

1. This Code has priority in case of regulation of the relations in digital medium. Regulations of other laws and regulatory legal acts adopted according to them, the determining regulations of the relations in digital medium, cannot contradict provisions of this Code. In case of contradictions between this Code and other regulatory legal act, regulations of this Code taking into account rules about permission of the collisions established by the legislation on regulatory legal acts are effective and are applied.

2. Regulatory legal acts concerning legal regulation in digital medium can be adopted only in the cases which are directly established by this Code.

3. The bill on introduction of amendments to this Code is subject to obligatory approval of the coordinating body for the purpose of ensuring unity of digital medium at all levels established by this Code and compliance to the principles of regulation of the relations in digital medium. Introduction of amendments to this Code is allowed no more once a year.

Article 5. Digital code and rules of digital communities

1. Digital communities are created by subjects of legal relationship in digital medium on their initiative and on the basis of voluntariness. Digital communities can have any organizational form and procedure for management which is not prohibited by the legislation. The subjects of legal relationship who are members of digital communities independently determine rules of such communities. In the Kyrgyz Republic state bodies, local government bodies, their officials, physical persons and legal entities in case of determination of rules of digital communities in which they participate shall be guided by the Constitution of the Kyrgyz Republic, this Code and the laws of the Kyrgyz Republic.

2. In case of application of rules of digital communities state bodies, local government bodies and officials of the Kyrgyz Republic shall provide observance of requirements of the legislation of the Kyrgyz Republic and bear responsibility for its non-compliance.

Article 6. Conventional international practice

1. The provisions of standards and recommendations published by the international organizations, expert communities of foreign countries and which are actively applied by subjects of legal relationship in digital medium form the conventional international practice.

2. In the cases provided by this Code, subjects of legal relationship in digital medium in case of the choice of technologies or methods of implementation of the rights and fulfillment of duties in digital medium consider the conventional international practice approved by the industry regulator in the respective sphere provided by this Code. In the absence of the conventional international practice approved by the industry regulator subjects of legal relationship in digital medium have the right to consider the conventional international practice which is not contradicting the approved standards and regulatory legal acts of the Kyrgyz Republic.

3. Subjects of legal relationship in digital medium shall show that the selected technologies correspond to the conventional international practice or requirements which are equivalent or above requirements of the conventional international practice, by publication of declarations of compliance.

Chapter 2. State regulation in digital medium

Article 7. Forms of state regulation

In the Kyrgyz Republic state regulation of the relations in digital medium is performed in forms:

1) cross-industry and interdepartmental coordinating of activities of state bodies, local government bodies, legal entities in digital medium;

2) industry regulation and supervision.

Article 8. Coordinating of activities in digital medium

1. Cross-industry and interdepartmental coordinating of activities of state bodies, local government bodies, legal entities in digital medium is performed in the way:

1) determinations of the nation-wide purposes and tasks, programs and plans of activities in digital medium;

2) planning and monitoring of budgets of activities of state bodies, local government bodies in digital medium taking into account providing the mode of privacy, protection of the state or protected by the law other secret;

3) strategic management of digital reforms and programs, coordination of the regional and international aid selected for implementation of activities in digital medium;

4) cooperation of all concerned parties, including associations and associations of subjects of legal relationship in digital medium, in development and realization of the purposes and tasks, national initiatives, plans, programs;

5) coordinating of activities for creation of architecture of the state digital ecosystem, general digital platforms and services, to piloting of innovative solutions;

6) ensuring uninterruptedness, integration and coordination in activities of all subjects of legal relationship for goal achievement of public administration in digital medium.

2. The coordinating body in digital medium is determined by the Cabinet of Ministers.

Article 9. Industry regulation and supervision

1. Regulation and supervision in digital medium are performed by conducting checks, decision making (administrative acts) obligatory for subjects of legal relationship in digital medium, and in the cases provided by this Code, issues of permissions (licenses).

2. This Code establishes powers of state bodies on implementation of regulation and supervision (industry regulators) in the following spheres:

1) personal data;

2) national digital ecosystem;

3) telecommunications.

3. Regulations on industry regulators affirm the Cabinet of Ministers.

4. The procedure for forming and implementation of activities of the industry regulator shall provide independence of the regulation which is carried out by him.

5. The same industry regulator cannot perform powers in several spheres provided by this Code.

6. Each industry regulator shall submit annually the status report of the relations in the field of, being within its competence, the decisions, personnel and financial resources, their amounts and use, the planned actions and measures. The report is subject to publication on the website of the industry regulator.

7. Industry regulators create training centers in the respective spheres and provide their activities. Training centers of industry regulators on paid or grant basis hold educational and educational events, scientific research and practical developments.

Article 10. Advisory councils

1. The industry regulator has the right to create advisory council.

Advisory council - the advisory advisory body created on a voluntary basis from representatives of expert, scientific community, the professional circle in the corresponding industry of regulation for preparation of offers and recommendations about questions of development and respect for the principles of regulation of digital medium.

The solution of the industry regulator on convocation of advisory council with indication of starting date of activities of advisory council and term of its powers is subject to publication on the website of the industry regulator.

2. The advisory council and experts has no right to interfere with activities of the industry regulator, to participate in conducting the checks or decision making obligatory for subjects of legal relationship in digital medium.

3. The regulations of work of advisory council, including procedures of its forming, affirm the industry regulator.

Article 11. Accreditation of subjects for implementation of checks in the respective sphere

1. The industry regulator of the respective sphere performs accreditation of physical and (or) legal entities on the right of implementation of checks of subjects of regulation in the cases provided by this Code. Accredited persons have the right to perform checks in the presence of the consent of the subject of regulation.

2. The requirement to accredited persons, procedure for accreditation and document type issued by results of conducting checks by accredited persons are established by acts of the Cabinet of Ministers according to this Code.

3. For accreditation accredited persons annually enter the payment calculated by the technique approved by the Cabinet of Ministers and considering:

1) income from provision of services by accredited persons;

2) number of checks;

3) the weight factor including social factor;

4) settlement indicator;

5) effectiveness ratio of activities of accredited person.

Article 12. Rules and standards of professional activity in digital medium

1. Professional associations of subjects of legal relationship in digital medium have the right to approve the regulations obligatory for their participants. The regulations can include the rules and standards of professional activity of participants of consolidation which are not contradicting this Code.

2. Professional associations shall exercise control of observance of such regulations by the participants.

3. Data on membership in such professional associations, results of control of observance of obligatory regulations and the allowed violations, and also elimination of such violations are public information. These data shall be published by professional associations on their websites.

Article 13. Provision of telecommunication networks and constructions for the purposes of public administration

1. The industry regulator of telecommunications, state bodies and local government bodies of the Kyrgyz Republic, the operating internal, closed and secret telecommunication networks, and also operators of telecommunications irrespective of patterns of ownership shall provide provision of telecommunication networks and constructions for the benefit of public administration, homeland security, defense, protection of law and order and in case of emergency situations.

2. In case of approach of emergency situations the industry regulator of telecommunications takes measures for ensuring provision of necessary telecommunication services. The industry regulator of telecommunications can create special temporary bodies for operation of telecommunication networks and provision of telecommunication services fully or partially in the territory where there was emergency or crisis situation.

3. The Cabinet of Ministers can use telecommunication services and constructions for the benefit of public administration, homeland security, defense, protection of law and order and in case of emergency situations (natural disasters, quarantines, etc.). Authorized state bodies can have the priority right to operation or suspension of operation of telecommunication networks and constructions only in the specified exceptional circumstances.

4. The government network will be organized and provided by authorized state body in the field of ensuring national security. The government network shall provide security of information transferred on this network.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info