Best Cyber Law, Data Privacy and Data Protection Lawyers in Nur-Sultan

About Cyber Law, Data Privacy and Data Protection Law in Nur-Sultan, Kazakhstan

Cyber Law, Data Privacy, and Data Protection are rapidly evolving fields in Kazakhstan, particularly in the capital city, Nur-Sultan (formerly Astana). These areas of law focus on regulating how individuals, businesses, and government entities collect, store, use, and share electronic data. With the growth of digital infrastructure, e-commerce, and the use of personal information online, the need for legal frameworks and protections has become paramount. Kazakhstan has adopted specific regulations to safeguard data subjects, establish cybersecurity requirements, and impose obligations on entities that handle personal data.

Why You May Need a Lawyer

There are various circumstances in which individuals, businesses, and organizations may require legal assistance in the field of Cyber Law, Data Privacy, and Data Protection, including:

• If your company processes the personal data of employees, customers, or third parties and needs to ensure legal compliance.
• If you have experienced a data breach or cyber-attack and need to understand your legal obligations for notification and remediation.
• If you are an individual whose personal data has been misused, exposed, or collected without consent, and want to protect your rights or seek compensation.
• If you are setting up a website, app, or online service that will collect personal information from users in Kazakhstan.
• If you need to draft, review, or update privacy policies, user agreements, or internal data handling procedures.
• If you have received inquiries, complaints, or investigations from Kazakhstani data protection authorities.
• If you operate internationally and need to transfer personal data in and out of Kazakhstan in line with the law.

Local Laws Overview

Kazakhstan has a distinct legal framework for Cyber Law and Data Protection, founded primarily on the "Law of the Republic of Kazakhstan on Personal Data and Their Protection," adopted in 2013, and subsequent amendments. Other relevant regulations relate to cybersecurity and information security, such as the “Law on Informatization” and government acts pertaining to critical infrastructure. Key aspects include:

• Data Collection and Processing: Organizations must obtain written or equivalent consent before collecting or processing personal data unless there is another legal ground for processing.
• Data Subject Rights: Individuals have the right to access, correct, or delete their personal data, and revoke consent at any time.
• Data Security: Data operators are required to implement necessary measures to protect data from unauthorized access, destruction, or alteration.
• Data Localization: Certain data must be stored on servers physically located in Kazakhstan, especially when processed by state bodies or service providers.
• Breach Notification: Organizations are obliged to notify authorities and affected individuals in case of data breaches, depending on the nature and scale of the incident.
• International Data Transfer: Transfers of personal data outside Kazakhstan are only allowed if the receiving country ensures adequate protection or with the consent of the data subject.
• Enforcement and Penalties: Breaches of data protection and cybersecurity laws can result in administrative fines, civil liability, or criminal charges in serious cases.

Frequently Asked Questions

What is considered personal data in Kazakhstan?

Personal data includes any information relating to an identified or identifiable individual, such as name, identification number, contact details, biometric data, and other data that can be used to identify a person.

Do I need consent to collect someone’s data?

Yes, as a general rule, organizations must obtain explicit consent from individuals before collecting or processing their personal data, unless there is a legal justification (such as fulfilling a contract or a legal obligation).

Is data localization mandatory?

For certain categories of data, especially those processed by government authorities or in connection with public services, data must be stored on servers located within Kazakhstan. Commercial entities should assess whether their practices trigger this requirement.

What should I do in the event of a data breach?

You should take immediate steps to contain the breach, assess the impact, notify the relevant data protection authority, and alert affected individuals if required by law.

How can individuals exercise their data protection rights?

Individuals can submit a written request to the data operator to access, correct, delete, or withdraw consent for processing their personal data. Operators must respond within the timeframe set by law.

What penalties exist for non-compliance?

Non-compliance with data protection or cybersecurity laws can lead to administrative fines, suspension of business activity, or even criminal charges for severe violations.

What is the role of the state data protection authority?

The Committee for Personal Data Protection under the Ministry of Digital Development, Innovations and Aerospace Industry supervises personal data processing practices, handles complaints, and enforces data protection laws in Kazakhstan.

Is there extraterritorial application of Kazakhstan’s data protection law?

If an organization outside Kazakhstan processes the personal data of Kazakhstani residents or operates services targeting them, local data protection laws may still apply.

Are there specific regulations for children’s data?

Yes, collecting and processing data of minors typically requires consent from a parent or legal guardian and adherence to stricter security requirements.

Can personal data be transferred abroad?

Yes, but only if the receiving country has adequate data protection measures in place or with the specific and informed consent of the individual whose data is being transferred.

Additional Resources

For more information and assistance, consider reaching out to the following bodies and resources:

• Committee for Personal Data Protection - Supervisory authority responsible for enforcing personal data protection laws.
• Ministry of Digital Development, Innovations and Aerospace Industry - Oversees ICT policy and cybersecurity initiatives.
• Local law firms and legal consultancies specializing in cyber law and data protection.
• Chamber of Commerce and Industry of Kazakhstan - Provides business support and advice regarding legal compliance.
• Non-governmental organizations advocating for digital rights and information security.

Next Steps

If you require legal advice or support with a Cyber Law, Data Privacy, or Data Protection issue in Nur-Sultan, Kazakhstan:

1. Identify the specific issue or question you are facing - whether it concerns personal data misuse, a data breach, compliance challenges, or another matter.
2. Gather all relevant documents, correspondence, and evidence related to your situation.
3. Contact a qualified local lawyer or law firm with experience in cyber law and data protection.
4. Consider reaching out to the Committee for Personal Data Protection for official guidance or to file a complaint if your rights have been violated.
5. Stay informed about changes in the law and participate in training or information sessions if offered by local organizations or government bodies.
6. Develop or update your organization’s internal policies and procedures to align with the current legal requirements in Kazakhstan.

With professional support and a clear understanding of your rights and obligations, you can navigate the complexities of Cyber Law, Data Privacy, and Data Protection in Nur-Sultan with greater confidence.