Best Data Center & Digital Infrastructure Lawyers in Kazakhstan

About Data Center & Digital Infrastructure Law in Kazakhstan, Kazakhstan

Kazakhstan is rapidly emerging as a regional hub for digital transformation, driven by substantial investments in data centers and digital infrastructure. The government is actively promoting the digitalization of its economy through initiatives such as the "Digital Kazakhstan" program, leading to increased demand for advanced data storage, processing, and cloud services. Laws and regulations governing this sector are designed to ensure data security, support innovation, encourage foreign investment, and maintain compliance with international standards.

Data center and digital infrastructure law in Kazakhstan covers a wide range of legal issues, such as licensing, data protection, cross-border data transfers, cybersecurity, telecommunication regulations, real estate and land use, environmental standards, and contractual obligations. These laws affect local and international businesses, investors, technology providers, and end-users.

Why You May Need a Lawyer

Legal issues surrounding data centers and digital infrastructure can be complex, especially in a jurisdiction undergoing rapid digital development like Kazakhstan. You may need a lawyer if you are:

• Setting up or operating a data center, cloud service, or telecommunication infrastructure
• Entering into contracts for digital services, equipment supply, or construction
• Ensuring compliance with data protection, privacy, and cybersecurity laws
• Handling cross-border data transfers under Kazakhstani law
• Navigating government permits, licenses, and certification requirements
• Addressing intellectual property or technology transfer issues
• Managing disputes, service interruptions, or liability concerns with partners or clients
• Responding to audits by regulating authorities or privacy incidents
• Securing land rights, construction permits, or environmental clearances for data center facilities
• Considering mergers, acquisitions, or joint ventures in the digital infrastructure space

A lawyer with experience in this field can provide valuable guidance, minimize legal risks, and help ensure business continuity.

Local Laws Overview

Kazakhstan's legal framework relevant to data centers and digital infrastructure includes the following key aspects:

• Data Protection: Kazakhstan has its own Law on Personal Data and their Protection, setting rules for collection, storage, processing, use, and cross-border transfer of personal data. Organizations must take adequate measures to safeguard personal information and may require consent from data subjects and notification to authorities.
• Data Localization: Certain categories of personal data must be stored and processed on servers physically located in Kazakhstan unless exceptions apply. This affects foreign providers offering services within the country.
• Cybersecurity: The Law on Informatization outlines obligations for information security, including requirements for critical information infrastructure, reporting of incidents, and technical measures to prevent unauthorized access or data breaches.
• Licensing and Permits: Operating telecommunication and certain IT services requires licensing by the Ministry of Digital Development, Innovation and Aerospace Industry. Construction and real estate acquisition for data centers needs compliance with urban planning and environmental protection laws.
• Cross-Border Data Transfer: Rules regulate how personal data can be transferred outside Kazakhstan, sometimes limiting transfers to jurisdictions with adequate protection levels or requiring contractual safeguards.
• Intellectual Property: Software, databases, and technological solutions are protected under Kazakhstani intellectual property law. Licensing and use of proprietary technologies need to comply with these rules.

These laws continue to evolve as Kazakhstan seeks alignment with international standards and addresses the rising importance of data economy and digital sovereignty.

Frequently Asked Questions

What types of permits or licenses are required to operate a data center in Kazakhstan?

You typically need permits related to construction, environmental impact, fire safety, as well as a license for providing telecommunication or IT services, depending on the scope of your operations.

Is data localization mandatory for all companies operating in Kazakhstan?

Certain categories of personal data, especially those relating to Kazakhstani citizens, must be stored and processed within Kazakhstan's borders except where specific exemptions apply.

What rules apply to cross-border transfer of personal data?

Cross-border data transfers generally require ensuring the recipient country provides adequate data protection levels or implementing contractual safeguards. In most cases, obtaining consent from data subjects is also necessary.

How is cybersecurity regulated in Kazakhstan?

Cybersecurity is governed primarily by the Law on Informatization, which imposes requirements on protecting critical information infrastructure, reporting incidents, and adhering to standards set by regulatory authorities.

Are cloud services subject to special regulations?

Yes, cloud service providers must comply with data protection, localization, and cybersecurity laws. Public entities are often required to use domestically hosted cloud services.

What are the penalties for non-compliance with data protection laws?

Penalties range from administrative fines to suspension of operations and, in severe cases, criminal liability for repeated or serious violations.

Can foreign companies own and operate data centers in Kazakhstan?

Foreign companies can own and operate data centers, but they must comply with all local laws, including data localization and licensing requirements.

What contracts are important when operating or using a data center?

Common contracts include service level agreements, data processing agreements, leases or purchase contracts for land or facilities, and technology licensing agreements.

Who regulates data center and digital infrastructure operations in Kazakhstan?

The Ministry of Digital Development, Innovation and Aerospace Industry is the main regulator, with enforcement from relevant agencies and local authorities depending on the specific issue.

How do I protect my intellectual property when using or building digital infrastructure?

You should register software, trademarks, and inventions with the Kazakhstani patent office, and use clear contractual provisions to govern use, licensing, and the transfer of technology.

Additional Resources

If you need further assistance regarding data center and digital infrastructure law in Kazakhstan, consider reaching out to these resources and organizations:

• Ministry of Digital Development, Innovation and Aerospace Industry of Kazakhstan
• The Personal Data Protection Authority
• Kazakhstan Association of IT Companies
• The Committee for Communications, Informatization, and Information
• Local offices of global or regional law firms specializing in data protection and technology law
• Business support centers and investment promotion agencies such as Kazakh Invest

These resources can provide up-to-date information, official guidelines, and references to qualified legal professionals.

Next Steps

If you believe you need legal assistance concerning data center or digital infrastructure issues in Kazakhstan, you should:

• Identify your specific legal concerns, such as licensing, contracts, compliance, or dispute resolution
• Prepare relevant documents and outline the scope of your project or activity
• Contact a law firm or legal professional with experience in technology, telecommunications, and data protection law in Kazakhstan
• Consult with local business chambers or industry associations for recommendations
• Monitor updates to Kazakhstani regulations to ensure ongoing compliance

Taking these steps can help mitigate risks, secure your business interests, and ensure your data center and digital infrastructure operations run smoothly and lawfully in Kazakhstan.