Best Data Center & Digital Infrastructure Lawyers in Kazakhstan

About Data Center & Digital Infrastructure Law in Kazakhstan

Data centers and digital infrastructure are critical components supporting Kazakhstan's fast-growing digital economy. This sector encompasses the facilities, networks, and technologies that store, process, and transfer digital data. In Kazakhstan, the government has prioritized digital transformation through initiatives such as "Digital Kazakhstan," which aims to improve technological capabilities and attract international IT investments. Data center and digital infrastructure law refers to the legal framework governing the planning, construction, operation, and security of these facilities and systems, as well as the handling, storage, and transmission of data.

Why You May Need a Lawyer

Engaging a lawyer specializing in data center and digital infrastructure law can be critical for individuals and businesses navigating complex legal and regulatory landscapes. Common situations necessitating legal help include:

• Negotiating and drafting contracts for data center construction, leasing, or operation
• Ensuring compliance with data protection and cybersecurity regulations
• Responding to government audits or investigations relating to digital infrastructure
• Resolving disputes with partners, service providers, or customers
• Securing intellectual property rights related to digital infrastructure
• Understanding tax incentives or other government programs for IT projects
• Managing cross-border data transfers while complying with Kazakhstani and international laws

A specialized lawyer can provide tailored solutions and minimize risks by ensuring all legal obligations are met.

Local Laws Overview

Several key laws and regulations are closely tied to the development and operation of data centers and digital infrastructure in Kazakhstan:

• Law on Personal Data and Their Protection - Outlines requirements for collecting, processing, and storing personal data within Kazakhstan, including data localization provisions.
• Law on Informatization - Governs digital transformation, information security, and infrastructure development, setting guidelines for electronic information storage and processing.
• Technical Regulations and Building Codes - Establish standards for the construction and safety of data center facilities.
• Cybersecurity Laws - Establish requirements for data protection, incident reporting, and cooperation with state authorities in case of cyber threats.
• Investment Legislation - Provides incentives, protections, and regulations that may affect foreign and local investments in digital projects and infrastructure.
• Tax and Customs Regulations - Influence the importation of IT equipment and may provide tax preferences for qualifying projects.

Private enterprises operating in the Astana International Financial Centre (AIFC) may also fall under the jurisdiction of specialized AIFC digital and data regulations, which often follow English common law principles.

Frequently Asked Questions

What is the primary law governing personal data and data centers in Kazakhstan?

The Law on Personal Data and Their Protection is the main legislation. It mandates how organizations must store, process, and transfer personal data, often requiring that data be stored on servers located within Kazakhstan.

Are there restrictions on cross-border data transfers?

Yes, data controllers must ensure protection of personal data during cross-border transfers. Transfers are mainly permitted to countries providing adequate data protection or under special consent or contractual arrangements.

Do data centers in Kazakhstan require a special license to operate?

While there is no general requirement for a separate data center operating license, certain services such as telecommunications or payment processing may require sector-specific permits or compliance certifications.

What cybersecurity obligations do data center operators have?

Operators must implement measures to safeguard data integrity, confidentiality, and availability, promptly report incidents, and collaborate with competent authorities in case of cyber attacks or breaches.

How are construction and safety standards for data centers regulated?

Data centers must comply with Kazakhstan’s building codes and technical regulations, which set standards for fire safety, energy efficiency, physical security, and environmental impact.

Is foreign investment allowed in Kazakhstan’s digital infrastructure sector?

Yes, Kazakhstan actively encourages foreign investments in IT and digital infrastructure, offering incentives such as tax benefits, customs privileges, and a stable legal environment, especially in special economic zones.

Are cloud computing services subject to local data storage requirements?

If cloud services involve processing personal data of Kazakhstani citizens, they are generally subject to data localization rules, meaning the data must be stored on servers located within the country.

Can data center contracts be governed by foreign law?

Yes, under the AIFC regime and for cross-border projects, parties can agree to use foreign law, often English law. However, this may not override mandatory Kazakhstani public law requirements, especially regarding data protection.

How are disputes involving data centers typically resolved?

Disputes may be resolved through Kazakhstani courts or, if agreed by the parties (notably for international contracts), via arbitration bodies such as the AIFC Court or international commercial arbitration centers.

What should a business consider before establishing a data center in Kazakhstan?

Key considerations include understanding legal and regulatory requirements, tax implications, possible incentives, infrastructure reliability, data protection laws, and availability of skilled local workforce.

Additional Resources

For further guidance, the following organizations and governmental bodies offer assistance and information relevant to data center and digital infrastructure law in Kazakhstan:

• Ministry of Digital Development, Innovations and Aerospace Industry of the Republic of Kazakhstan
• Astana International Financial Centre (AIFC) and its Tech Hub
• National Information Technologies JSC (NITEC)
• Committee on Information Security under the Ministry of Digital Development
• Atameken National Chamber of Entrepreneurs
• Kazakhstan Association of IT Companies
• Kazakh Invest (Investment Promotion Agency)

Engaging with these bodies can provide up-to-date legal information, advocacy, and support for both local and foreign businesses.

Next Steps

If you require legal assistance related to data center or digital infrastructure projects in Kazakhstan, consider the following steps:

1. Define your needs - Identify whether you require contractual support, regulatory compliance advice, dispute resolution, or investment structuring.
2. Seek an experienced legal advisor - Look for a Kazakhstani law firm or practitioner specializing in digital infrastructure, IT law, or commercial law, ideally with international exposure if your project is cross-border.
3. Prepare relevant documentation - Gather contracts, regulatory permits, business plans, or technical documents to streamline legal consultations.
4. Schedule consultations - Engage in discussions with your chosen legal advisor, presenting your questions and business objectives clearly.
5. Follow through on legal recommendations - Implement any compliance steps, required permits, or contract amendments as advised by your lawyer.

Early legal involvement can prevent costly errors and ensure your project aligns with Kazakhstan's evolving legal landscape.