Note

Personal data security measures

What security measures the Law requires and how, from September 2026, they depend on the operator's category (small, medium or large by number of data subjects), plus separate rules for restricted-access data. Compared with the GDPR's risk-based approach.

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

Types of personal dataKazakhstan and the GDPRNotification and register of operatorsResponsible person and internal policiesSecurity measures

Provisions discussed

In short

Personal data may be collected and processed only if they are protected (Art. 20(2)). The Law sets the purposes and general duties (Arts 21–22). The specific measures are in the Protection Rules, restated with effect from 21 September 2026. The main novelty: the mandatory measures depend on the operator’s category — small, medium or large — by the number of unique data subjects (Rules, paras 8–14).

What the Law says

  • Purposes of protection — privacy, integrity and safety of the data, confidentiality, the right of access, prevention of unlawful processing (Art. 21).
  • Duties of the owner, operator and third party — prevent unauthorised access, detect it in time, minimise its consequences, give the state technical service access to examine the protection of restricted-access data, and record actions with the data (Art. 22(1)). The duties apply from collection until destruction, deletion, anonymisation or de-identification (Art. 22(2)).
  • Digital objects are protected under the Personal Data Law and digital legislation. Masking and hashing are used for protection. Copying data from critical digital objects follows a procedure agreed with the National Security Committee (Art. 23).
  • Internal documents — a list of the data processed and a processing and protection policy (Art. 25(2)(1)–(2)).
  • Operator categories — small (up to 10,000 unique data subjects), medium (10,000 to 500,000), large (500,000 or more). Processing restricted-access data moves an operator up one category (Art. 25-1).
  • Voluntary cyber insurance is allowed; its terms are agreed by the parties (Art. 23-1).

The Cybersecurity Law repeats the duty to protect digital resources containing personal data (Art. 56) and empowers the state technical service to examine their protection (Art. 14).

Measures by category

The Rules as restated by Order No. 534/NK build the requirements as a ladder: each category does everything required of the previous one and adds its own.

CategoryWhat is addedWhere
AllMeasures appropriate to the categorypara 11
SmallList of data and purposes; list of persons with access; responsible person; internal documents; access rights; identification and authentication; logging of actions with data; backups; anti-malware and updates; secure transmission channelspara 12
MediumInventory of digital systems and processing; role-based access; multi-factor authentication for access to restricted-access data; recording cybersecurity events; incident response procedure; staff training; vulnerability analysis; internal compliance controlpara 13
LargeSecurity assessment of systems; independent audit of protection measures; monitoring of cybersecurity events; control of privileged users and data operations; penetration testing; data recovery after breachespara 14

Restricted-access data require a separate set of measures regardless of category (para 15): purposes of processing, a blocking procedure, alerting the regulator about incidents, information security tools, database and user activity logs, integrity control, secure transmission, cryptography of at least security level 3 under ST RK 1073-2007, identification and authentication, including biometric authentication for databases with more than 100,000 records. Such data may be collected and processed only through digital objects in Kazakhstan (para 16) and stored in a server room or data centre in Kazakhstan (para 18).

The Rules also require a responsible person where the operator is a legal entity (paras 19–20), repeat the general duties of Article 22 of the Law (para 21), and require integration with the state access control service when working with state digital objects (para 22).

Interpretation. Categories are counted by unique data subjects, and the step-up for restricted-access data can move even a small company into the “medium” category. That makes the question of which data are restricted-access a practical one: the answer determines whether multi-factor authentication, vulnerability analysis and staff training are required.

Supervision and liability

Compliance is checked against the inspection checklist. The checklist was approved in 2024 and does not reflect the categories. Failure to take protection measures is fined up to 600 MCI, and up to 2,000 MCI if it led to loss or unlawful collection or processing of data (Code on Administrative Offences, Art. 79).

Comparison with the GDPR

QuestionKazakhstanGDPR
ApproachPrescriptive: closed lists of measures by categoryRisk-based: measures “appropriate to the risk” (Art. 32)
Operator sizeThe category by number of data subjects changes the mandatory measuresSize is reflected through risk; certain exemptions for small organisations (Art. 30(5))
AuditIndependent audit mandatory for large operatorsNot expressly required; impact assessment for high-risk processing (Art. 35)
CryptographyCertified tools under a national standard for restricted-access dataEncryption is one example of a measure, not tied to a standard

Interpretation. A prescriptive approach is easier to check: there is a list to go through. But it does not reflect the specifics of a given processing operation, so ticking every item in the Rules does not by itself mean the risks are covered.

Open questions

Open question: which data are restricted-access? The Law defines them as data “access to which is restricted by legislation” (Art. 6). There is no separate list. Whether, for example, the IIN, medical information or salary data qualify has to be derived from other laws.

Open question: what is an “independent audit”? The Rules do not say who may perform it, to which standard or how often.

Open question: transition period. Order No. 534/NK brings the new Rules into force ten calendar days after publication and sets no separate implementation period (para 4 of the Order). How the regulator will assess compliance in the first months is unclear.

Still to research

  • Whether the regulator will update the inspection checklist for the operator categories.
  • The list of certified cryptographic tools and the requirements of ST RK 1073-2007.
  • The rules on examination of restricted-access data protection by the state technical service.

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

Secondary legislation179/НҚKazakhstan

Rules on personal data protection measures for owners, operators and third parties (Order No. 179/NK of 12 June 2023) (opens in a new tab)

The main secondary act on protection measures, restated in September 2026: notification, operator size categories and tiered measures, restricted-access data (incl. cryptography), local collection and storage in a server room or data centre in Kazakhstan, the responsible person, and breach notification within one working day.

Key provisions
paras 3 (opens in a new tab)–7 (opens in a new tab), paras 8 (opens in a new tab)–14 (opens in a new tab), para 15 (opens in a new tab), para 16 (opens in a new tab), para 18 (opens in a new tab), paras 19 (opens in a new tab)–20 (opens in a new tab), para 23 (opens in a new tab)
In force from
21 September 2026

● Checked 26 October 2026in forceBreaches and notificationsTypes of personal dataData localisationNotification and register of operatorsResponsible person and internal policiesSecurity measures

Statute418-VKazakhstan

Law of the Republic of Kazakhstan "On Cybersecurity" (opens in a new tab)

The former Informatisation Law. Relevant here: cybersecurity centres must alert the data protection regulator within three hours of a personal data breach (Arts 7-4, 7-5 etc.), subjects are informed via eGov (Art. 7-1), and personal data resources must be protected (Art. 56).

Key provisions
Art. 7-1 (opens in a new tab), Art. 7-4 (opens in a new tab), Art. 7-5 (opens in a new tab), Art. 14 (opens in a new tab), Art. 16 (opens in a new tab), Art. 56 (opens in a new tab)

● Checked 26 October 2026in forceBreaches and notificationsSecurity measures

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

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