An Electronic Digital Signature (EDS) is legally recognized in Kazakhstan and holds the same legal status as a traditional wet signature, provided it complies with the country’s legislative framework. This recognition is a core component of Kazakhstan’s extensive national digitalization strategy.
Overview
Kazakhstan’s legal system provides a robust framework for electronic signatures, positioning the country as a leader in digital document management in Central Asia. The key principle is non-discrimination, meaning a document cannot be denied legal effect, validity, or enforceability solely because it is in electronic form or signed electronically.
In the context of Kazakh law, the term “electronic signature” primarily refers to the Electronic Digital Signature (EDS), which is analogous to a Qualified Electronic Signature (QES) under European Union regulations. The EDS must be issued by the National Certification Centre of the Republic of Kazakhstan or an accredited certifying centre and must meet stringent security and authentication requirements.
While other forms of electronic signatures might be used in practice, their admissibility and legal weight in court are often subject to the judge’s discretion unless specifically permitted by the Civil Code (which generally allows agreements to be concluded via electronic means that can identify the parties and their intent) or a prior agreement between the parties (a “written agreement on the use of a simple e-signature”).
Legal Framework
The legality and regulation of electronic signatures in Kazakhstan are primarily governed by:
1. The Law of the Republic of Kazakhstan “On Electronic Document and Electronic Digital Signature” (2003)
This is the foundational law that establishes the legal basis for the creation, use, and circulation of electronic documents and electronic digital signatures, stipulating their equivalence to paper documents and handwritten signatures under specific conditions.
2. The Civil Code of the Republic of Kazakhstan
The Civil Code supports the formation of contracts through various means of communication, including electronic documents and messages, provided the parties’ intent and identity can be established. This allows for a broader interpretation of electronic assent beyond just the formal EDS in certain contractual contexts.
3. Regulatory Acts on Informatization and Public Services
These acts, such as the Law “On Informatization,” govern the application of digital technologies in government and public services, which are critical areas for EDS use.
Documents That Can Be Signed Electronically
The EDS is widely applicable across numerous sectors, including:
i. Commercial Agreements: Contracts between corporate entities, including Sales Agreements, Procurement Documents, Non-Disclosure Agreements (NDAs), and service contracts.
ii. Court Documents: Appeals, motions, and other procedural documents submitted to judicial authorities electronically.
iii. Public Procurement: Bids and related documentation for tenders with state authorities and state-owned companies.
iv. Government Services: Accessing and receiving over 80% of e-government services and submitting tax declarations.
v. HR Documents: Depending on the specific document and internal company regulations, certain HR-related forms may be signed with an EDS (though caution is advised, as detailed in the exceptions section).
vi. Internal Corporate Documents: Orders, reports, and other documents for internal electronic document management systems.
In certain cases, and notably for international electronic document exchange, the proposed simplification measures (as of 2024) are set to allow the use of Simple Electronic Signatures (SES) for documents between foreign citizens/companies and Kazakh entities, provided a written agreement on their use and authentication is in place.
Documents That Cannot Be Signed Electronically
Despite the broad applicability, certain documents still require a traditional wet signature, notarization, or an equivalent process that is incompatible with a purely electronic transaction. These restrictions are typically aimed at protecting the interests of the parties or ensuring state registration. Documents that generally cannot be signed solely with an electronic signature include:
1. Notarized Documents: Documents requiring official notarization, such as:
- Agreements for the sale/purchase of participation interests in the charter capital of a Limited Liability Partnership (LLP).
- Certain Powers of Attorney (PoAs).
2. Real Estate Transactions:
- Contracts for the transfer or sale of immovable property.
- Lease agreements for a term exceeding one year.
3. Intangible Property Transfers: Transfers requiring mandatory state registration, such as patents and copyrights.
4. Wills and Trusts: Documents related to inheritance.
5. Specific HR Documents: Although an EDS is used for many HR functions, certain core documents, like employment agreements and labor contracts, often still require wet signatures or specific internal rules to fully validate electronic signing.
Notable Changes in the Laws (2024-2025)
Recent legislative developments have focused on enhancing security, accountability, and the simplification of international e-document management:
1. Restriction on Private Key Transfer (Effective March 2025)
Amendments to the Code of Administrative Offenses explicitly prohibit the transfer and use of another person’s private EDS key, even with the owner’s consent. Violation of this rule introduces administrative liability (fines) for individuals, officials, and legal entities. This change aims to end the common, but illegal, practice of company executives sharing their EDS keys with employees (like accountants) and mandates that all authorized employees must obtain their own separate EDS key.
2. Personal Presence for EDS Key Acquisition (Effective June 2025)
The rules for obtaining an EDS key have been tightened, requiring a director of a legal entity to undergo in-person biometric identification or photo capture when submitting an application. This is a significant change, especially for foreign directors, as it eliminates the previous practice of obtaining the key via a representative with a power of attorney. This measure focuses on strengthening security and ensuring the authenticity of the key holder.
3. Simplification for International E-Signing (Pilot Project until July 2026)
A draft law approved by the Senate (May 2024) introduces the possibility of using a Simple Electronic Signature (SES) for documents involving foreign citizens and companies within a pilot project framework. This is a crucial step for streamlining cross-border transactions and improving Kazakhstan’s investment climate, though it specifically excludes notarized or state-registered transactions.
Disclaimer
The information on this site is for general information purposes only and is not intended to serve as legal advice. Laws governing the subject matter may change quickly, so Flowmono cannot guarantee that all the information on this site is current or correct. Should you have specific legal questions about any of the information on this site, you should consult with a legal practitioner in your area.
References
1. Dentons. New electronic digital signature rules in Kazakhstan. (October 1, 2025).
2. Law of the Republic of Kazakhstan “On Electronic Document and Electronic Digital Signature” (No. 370-II, January 7, 2003, as amended).
3. Civil Code of the Republic of Kazakhstan (Articles 152.1-1, 152.2, 152.3).
4. Code of Administrative Offenses of the Republic of Kazakhstan (Clause 6, Article 640 regarding EDS key transfer, effective March 13, 2025).
5. KPMG Kazakhstan. Legal Alert – May 2024: Kazakhstan to simplify e-signing of documents.
