Note

The regulator and state oversight

Who oversees compliance with personal data law: the regulator (the Ministry of Artificial Intelligence and Digital Development), local executive bodies and the prosecutor's office. How businesses are inspected — unscheduled inspections only, against a 33-item checklist — and how state bodies are inspected.

Law stated as of
how it is checked
Updated
26 October 2026

Data subject rightsLiabilityKazakhstan and the GDPRNotification and register of operatorsRegulator and state supervision

Provisions discussed

In short

The Government develops state policy on personal data (Art. 26). The regulator is the central executive body in charge of the field (Art. 1(11-1)); currently this is the Ministry of Artificial Intelligence and Digital Development. Private businesses are checked only through unscheduled inspections under the Entrepreneurial Code (Art. 27-2). The prosecutor’s office exercises the highest supervision over legality (Art. 28).

Who does what

BodyRoleProvision
GovernmentMain directions of state policyArt. 26
Regulator (Ministry of AI and Digital Development)Policy, rules, oversight, registers, complaints, liabilityArt. 27-1
Local executive bodies of regions, cities of national significance and the capitalData subjects’ complaints, oversight of private businesses in their territory, liabilityArt. 27(2)
Other state bodiesRegulations, complaints and liability within their remitArt. 27(1)
Prosecutor’s officeHighest supervision over legalityArt. 28

Within the Ministry, personal data functions are performed by the Information Security Committee, which includes a department for developing personal data protection (according to the Committee’s page on gov.kz).

The regulator’s powers

The main powers (Art. 27-1(1)):

  • rule-making: rules on collection and processing, the procedure for protection measures, rules on determining the list of data, rules on the state service and integration with it;
  • oversight: state control over compliance with the legislation;
  • registers: the register of persons collecting and processing data (see the note “Notification of the regulator and the register of operators”) and the register of security breaches (Art. 23-2);
  • data subject rights: considering complaints about whether data and processing methods match the purposes; demanding rectification, blocking, destruction or deletion of inaccurate or unlawfully obtained data;
  • liability: measures to hold violators liable. Cases under Art. 79 of the Code of Administrative Offences are heard by the authorised body for cybersecurity (Code of Administrative Offences, Art. 692-2);
  • other: approving integration of non-state digital objects with state ones, an advisory council.

To implement the 2026 amendments, the Ministry’s regulations were extended with new functions (Government Resolution No. 853 of 28.09.2026). The Ministry approves rules on applying masking and hashing methods, and rules on copying (exporting) personal data from critical digital objects to storage media, in agreement with the National Security Committee. It keeps the register of persons collecting and processing personal data and the register of personal data security breaches. It forwards information about security breaches that put data subjects’ rights and legitimate interests at risk to the “e-government” operator.

Inspections of businesses

Private businesses are checked through unscheduled inspections under the Entrepreneurial Code (Art. 27-2). There are no scheduled inspections in this field. Grounds for an unscheduled inspection (Entrepreneurial Code, Art. 144(5)) include, in particular:

  • complaints from individuals and legal entities about violations, where there are convincing grounds and supporting evidence;
  • a prosecutor’s demand;
  • complaints from state bodies about specific instances of harm;
  • an instruction from a criminal prosecution body;
  • checking that previously identified violations have been remedied.

Anonymous complaints are not a ground (Art. 144(6)). Only the facts that gave rise to the inspection are checked (Art. 144(7)).

The requirements checked are listed in a 33-item inspection checklist (a 2024 joint order adopted under Art. 143 of the Entrepreneurial Code). They include:

  • consent and purposes of processing;
  • the ban on paper copies of identity documents;
  • localisation;
  • cross-border transfer;
  • the list of data and the policy;
  • the responsible person;
  • protection measures for restricted-access data.

Interpretation. The checklist was adopted in March 2024 and has not been changed since. It does not reflect the 2026 amendments: operator categories, notification, the new Protection Rules 534/NK. It is unclear how inspectors will assess compliance with duties not on the list.

Inspections of state bodies

For state bodies the procedure is set by the Law itself (Art. 27-3):

  • periodic inspections: no more than once a year under a plan approved by 1 December and published by 20 December of the preceding year;
  • unscheduled inspections: on confirmed complaints, a prosecutor’s demand, complaints from state bodies, an instruction from a criminal prosecution body, or to check that an inspection report has been acted on;
  • inspectors’ powers: access to premises, documents and databases, audio, photo and video recording, involving specialists and experts.

Regulator guidance

The Law does not require the regulator to publish guidance. Citizens’ complaints are handled under the Administrative Procedure Code; see the note “Data subject rights”.

Comparison with the GDPR

QuestionKazakhstanGDPR
Regulator’s statusA ministry (central executive body)Independent supervisory authority (Art. 52)
Inspections of businessesUnscheduled only, on Entrepreneurial Code grounds and against a checklistInvestigations, audits, access to premises and data (Art. 58(1))
SanctionsFines under the Code of Administrative OffencesAdministrative fines imposed by the regulator itself (Art. 83)
GuidanceNot an obligationEDPB guidelines, consultations (Art. 57, Art. 70)

Open questions

Open question: the Ministry and akimats. How is oversight of private businesses divided between the regulator and local executive bodies?

Open question: two “authorised bodies”. The Personal Data Law refers to the authorised body for personal data protection, while the Code of Administrative Offences assigns Art. 79 cases to the authorised body for cybersecurity. Are they the same agency in practice?

Open question: moratorium. Do Government decisions suspending inspections of small businesses (Art. 144(12) of the Entrepreneurial Code) apply to inspections in this field?

Still to research

  • The regulations of the Information Security Committee and its personal data functions.
  • Published regulator guidance and responses (including the Committee’s letter of 6 May 2024 on localisation).
  • Reports on inspections and their results.

All quotations of Kazakhstan legislation are unofficial translations from the Russian text published on Adilet.

Materials

Statute94-VKazakhstan

Law of the Republic of Kazakhstan "On Personal Data and Their Protection" (opens in a new tab)

The core statute: definitions, scope, the in-country storage rule (Art. 12) and cross-border transfers (Art. 16). Notification of processing (Art. 10-1) and operator size categories (Art. 25-1) apply from 25 August 2026.

Key provisions
Art. 1 (opens in a new tab), Art. 3 (opens in a new tab), Art. 10-1 (opens in a new tab), Art. 12 (opens in a new tab), Art. 16 (opens in a new tab), Art. 25-1 (opens in a new tab), Art. 29 (opens in a new tab)

● Checked 26 October 2026in forceAutomated processing and AIBreaches and notificationsConsentCross-border transfersTypes of personal dataData subject rightsDeletion and anonymisationDisclosure to third partiesLiabilityData localisationNotification and register of operatorsProcessing principlesProcessing without consentPurpose, scope and retentionRegulator and state supervisionResponsible person and internal policiesScope and key termsTelecommunicationsSecurity measures

Code375-VKazakhstan

Entrepreneurial Code of the Republic of Kazakhstan (opens in a new tab)

Procedure for inspecting businesses. Personal data compliance of private businesses is checked only through unscheduled inspections (Art. 27-2 of the Law) on the grounds in Art. 144(5), such as a substantiated complaint or a prosecutor's demand; anonymous complaints do not count.

Key provisions
Art. 143 (opens in a new tab), Art. 144 (opens in a new tab)

● Checked 26 October 2026in forceRegulator and state supervision

Secondary legislationKazakhstan

Inspection checklist on compliance with personal data legislation (joint order, March 2024) (opens in a new tab)

The 33-item list used in inspections; handy as a ready-made compliance checklist (consent, purposes, localisation, transfers, DPO, logs, encryption). Wording predates the 2026 amendments.

Key provisions
items 1–33

● Checked 26 October 2026in forceData localisationRegulator and state supervisionSecurity measures

Code235-VKazakhstan

Code of the Republic of Kazakhstan on Administrative Offences (opens in a new tab)

Article 79 sets administrative fines for personal data violations: unlawful collection or processing, abuse of position, failure to take protection measures, and such failure resulting in loss or unlawful processing. Fines range from 30 to 2,000 MCI.

Key provisions
Art. 79 (opens in a new tab)

● Checked 26 October 2026in forceLiability

Code350-VIKazakhstan

Administrative Procedural and Process Code of the Republic of Kazakhstan (opens in a new tab)

General procedure for handling applications by state bodies. The regulator handles data subjects' complaints under it: 15 working days, extendable by no more than two months (Art. 76(1), (3)).

Key provisions
Art. 76 (opens in a new tab)

● Checked 26 October 2026in forceData subject rights

EU law2016/679EU

Regulation (EU) 2016/679 (General Data Protection Regulation) (opens in a new tab)

Used for comparison. The GDPR has no general localisation duty: data move freely within the EU (Art. 1(3)), and exports outside the EEA are governed by Chapter V, with the transfer conditions in Arts 44–49.

Key provisions
Art. 1(3), Art. 44–49

● Checked 26 October 2026in forceCross-border transfersKazakhstan and the GDPRData localisation