Digital Code of Kazakhstan Signed by the President

Kassym-Jomart Tokayev has signed the Digital Code — the first systemic document that establishes a unified framework for regulating the digital environment, digital government, and the economy in the country.

The Code creates the legal foundation for the functioning of the digital state, setting rules for data management, digital platforms, and public services and systems.

Digital Human Rights and Their Priority

Article 5 of the Code explicitly states: the rights, freedoms, and legitimate interests of individuals in the digital environment are the highest value and define the limits of regulation.

The use of digital technologies, platforms, and algorithmic solutions is permitted only if human rights are respected and cannot lead to arbitrary restrictions.

Any limitation of rights and freedoms is possible solely on the basis of law, for purposes directly provided by legislation, and with strict adherence to legality, necessity, and proportionality.

The Code guarantees:

• the right to digital identity and its protection;

• the right to control personal data (deletion, anonymization, restriction of processing);

• protection against discrimination by algorithms and automated systems;

• the right to transparency of algorithms affecting rights and interests;

• digital inclusion and access to services.

Thus, Kazakhstan introduces a comprehensive legal standard with a focus on protecting human rights.

Digitalization of Government Activities

The document defines digital government as a system of state platforms and services operating strictly within the framework of digital human rights.

State bodies are obliged to:

• ensure the legality of data processing;

• prevent abuse of automated decisions;

• guarantee the security and accountability of digital systems.

Data and Digital Objects

The Code establishes a legal regime for digital data, records, platforms, assets, and distributed systems. Article 7 secures the freedom to search, generate, transfer, store, and use digital data within the limits set by this Code and the laws of Kazakhstan.

Biometrics and Authentication

The document guarantees every citizen of Kazakhstan the right to biometric registration for digital authentication. The use of biometrics is permitted only within the law, considering principles of security, proportionality, and personal data protection, including special rules for financial and payment organizations.

Experts from EDF participated in drafting the Digital Code. Within the Working Group of the Mazhilis of Parliament, we proposed several norms aimed at protecting human rights in the digital environment, which were reflected in the updated version of the project.

The Digital Code enshrines digital rights as the foundation of the digital state, and digital government as the mechanism for their realization, not limitation.