of January 9, 2026 No. 255-VIII ZRK
1. This Code governs the public relations arising in digital medium during creation, the address, storage, transfer and use of digital data and digital objects.
The digital medium is understood as set of infrastructure, technologies, processes and conditions for creation, the address, storage, transfer and use of digital data and digital objects, implementation and assignment of rights on them regardless of the territory of their placement or registration of the rights in the part mentioning the public relations regulated by this Code.
2. The property and other civil relations arising in digital medium are regulated by the civil legislation of the Republic of Kazakhstan taking into account the features established by this Code.
3. The foreigners, stateless persons and foreign legal entities performing activities for creation, the address, storage, transfer and use of digital data and digital objects in the territory of the Republic of Kazakhstan have the rights and freedoms in the Republic of Kazakhstan, and also perform the duties established for citizens and legal entities of the Republic of Kazakhstan if other is not provided by the Constitution of the Republic of Kazakhstan, this Code, the laws of the Republic of Kazakhstan and international treaties ratified by the Republic of Kazakhstan.
1. The digital legislation of the Republic of Kazakhstan is based on the Constitution of the Republic of Kazakhstan and consists of of this Code and other regulatory legal acts of the Republic of Kazakhstan.
2. The international agreements ratified by the Republic of Kazakhstan have priority before this Code. 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. In contradiction cases between this Code and other laws of the Republic of Kazakhstan concerning regulation of the relations in digital medium provisions of this Code are applied.
1. The purpose of the digital legislation of the Republic of Kazakhstan is ensuring sustainable development and functioning of digital medium for the benefit of physical persons and legal entities, society and the state.
2. Tasks of the digital legislation of the Republic of Kazakhstan are:
1) legal regulation of the public relations arising in digital medium;
2) determination of mechanisms of realization of single state policy in digital medium;
3) strengthening of legality and law and order in digital medium;
4) creation of conditions for investment attraction in development of digital medium in the Republic of Kazakhstan;
5) legal support of digital transformation of all spheres of the public relations.
Legal regulation of the public relations in digital medium is based on the following basic principles:
1) observance of the rights, freedoms and legitimate interests of the person in digital medium;
2) safety of the person, society and state in case of use of digital technologies;
3) freedom of the circulation of digital data;
4) freedom of creation, development and use of digital technologies;
5) balance of private and public interests;
6) availability and inclusivity of digital medium;
7) pro rata and reasonable participation of the state in digital medium;
8) technological neutrality of legal regulation;
9) digital ethics and social responsibility.
1. The rights, freedoms and legitimate interests of the person are recognized digital medium the supreme value, and their restriction is possible only the laws of the Republic of Kazakhstan and only in that measure in what it is necessary for the purpose of protection of the constitutional system, protection of public order, human rights and freedoms, health and morality of the population.
2. The relations in digital medium are based on the free, conscious and expressed declaration of will of the person.
3. The algorithmic and automated decisions affecting the rights, freedoms and legitimate interests of the person in digital medium are applied with respect for transparency, nondiscrimination and possibility of control from the subject of digital medium.
1. Safety of the person, society and state in case of use of digital technologies is indivisible element of steady functioning of digital medium.
2. The state takes measures for warning and decrease in risks of negative impact and use of digital technologies on the rights, freedoms and legitimate interests of the person, society and state, providing their need and proportionality to the pursued purposes.
1. In the Republic of Kazakhstan freedom of search, forming, transfer, storage and use of digital data in the limits established by this Code and the laws of the Republic of Kazakhstan is provided.
2. Access restriction is allowed to digital data according to the laws of the Republic of Kazakhstan.
3. The state promotes development of the mechanism of openness, reliability, availability, relevance, completeness of digital data, their digital compatibility and free exchange of digital data.
1. Creation, development and use of digital technologies are performed freely if other is not established by this Code and the laws of the Republic of Kazakhstan.
2. The state creates conditions for carrying out scientific research, implementation of innovative activities and development of digital technologies.
3. The state provides implementation of measures for increase in digital literacy of the population, development of available infrastructure and liquidation of digital inequality, and also equal conditions of development of private initiatives and the competition in digital medium.
1. Regulation of the public relations in digital medium is performed with respect for balance between private and public interests.
2. Realization of public interests shall not lead to unreasonable restriction of the rights of individuals.
3. When implementing state regulation proportionality between its purposes and effects for man and citizen, interests of society and state is provided.
4. State bodies and the organizations provide transparency, openness and motivation of the decisions made with use of digital technologies.
1. The state provides equal access for citizens to digital technologies, products, services and opportunities in digital medium.
2. Digital objects for which requirements for availability are established by the legislation of the Republic of Kazakhstan are developed and used taking into account availability to persons with disability, and also persons with violations of sight, hearing, the speech and other functional restrictions and persons belonging to handicapped national groups.
1. The state participates in digital medium in the limits established by this Code and the laws of the Republic of Kazakhstan.
2. The state participation in creation and operation of digital resources and systems is allowed for the purpose of realization of the state functions, rendering the state services, safety, stability and availability of digital infrastructure in case of observance of requirements of non-admission of unreasonable intervention in competitive environment.
1. The principle of technological neutrality of legal regulation assumes the equal attitude towards different digital technologies.
2. Legal regulation of the relations in digital medium is performed proceeding from functional characteristics of digital technologies.
3. The state provides predictability and stability of legal regulation in case of new digital technologies, without creating obstacles for their development.
1. Creation, development and use of digital technologies are performed with respect for the principles of respect of the rights and advantages of the person, inadmissibility of discrimination, justice, conscientiousness, transparency and responsibility.
2. The state, the organizations and citizens participate in forming and observance of the ethical standards of behavior in digital medium directed to prevention of discrimination, manipulation, abuse of digital technologies and other violations of the rights, freedoms and legitimate interests of the person, society and state.
1. Authorized body in the field of digitalization (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of digitalization.
2. Authorized body within the competence:
1) on basis and in pursuance of the main directions of domestic and foreign policy of the state determined by the President of the Republic of Kazakhstan, and the main directions of social and economic policy of the state, its defense capability, safety, ensuring public order developed by the Government of the Republic of Kazakhstan creates state policy in the field of digitalization according to the legislation of the Republic of Kazakhstan;
2) performs strategic, regulating, realizable and control functions;
Develops 3) and approves regulatory legal acts in the field of digitalization;
4) performs other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
State bodies within competence:
1) participate in realization of state policy in the field of digitalization;
2) are developed and approve regulatory legal acts in the field of digitalization;
3) exercise the state control within competence;
4) is performed by other powers provided by this Code, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
1. Digital data is information provided in digital form and suitable for the automated and (or) analytical collection, storage, processing, use, transfer, distribution or removal irrespective of method of its obtaining and form of digital provision.
2. Digital data can freely be created, gather, be stored, be processed, be used and be transferred if other is not established by the laws of the Republic of Kazakhstan.
3. State bodies, the state legal entities, subjects of the quasi-public sector, except for special state bodies, provide access to the operator of "the digital government" (further - the operator) to digital data and digital records for implementation data analysts according to the requirements for management of the digital data developed by authorized body together with authorized body in the field of the state statistics, approved by the Government of the Republic of Kazakhstan.
4. Management of the digital data containing the state secrets, office or confidential information, personal data and other information protected by the law is performed taking into account the requirements and features established by the laws of the Republic of Kazakhstan.
1. Open data are the digital data provided in machine-readable form and intended for free use, processing, the repeated publication and distribution, placed in open access.
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