Note
Personal data breaches and notification
What counts as a personal data breach and who notifies whom, and how fast: the operator reports to the regulator within one working day, cybersecurity centres within three hours, and data subjects are notified not by the operator but through e-government. Compared with the GDPR's 72 hours.
Breaches and notificationsKazakhstan and the GDPRRegulator and state supervisionSecurity measures
Provisions discussed
- Law No. 94-V (opens in a new tab)Arts 1 (opens in a new tab), 23-2 (opens in a new tab), 25 (opens in a new tab), 27-1 (opens in a new tab)alternative source (opens in a new tab)
- Breach Notification Rules (opens in a new tab)paras 3 (opens in a new tab)–7 (opens in a new tab)alternative source (opens in a new tab)
- Protection Rules (opens in a new tab)paras 15 (opens in a new tab), 23 (opens in a new tab)alternative source (opens in a new tab)
- Cybersecurity Law (opens in a new tab)Arts 7-1 (opens in a new tab), 7-4 (opens in a new tab), 7-5 (opens in a new tab)alternative source (opens in a new tab)
In short
A personal data breach is a breach of protection that leads to unlawful dissemination, alteration, destruction or deletion of data, or to unauthorised access to them (Art. 1(15-2)). The owner or operator must notify the authorised body within one working day of detection (Art. 25(2)(8)). Data subjects are notified not by the operator but by the e-government operator — through the eGov personal account, the mobile app or SMS (Breach Notification Rules, para 7).
Who notifies whom, and when
The procedure is set out in the Rules on notifying data subjects of personal data breaches, in the version introduced by Order No. 232/NK with effect from 12 July 2026.
| Step | Who | To whom | Deadline | What is reported |
|---|---|---|---|---|
| 1 | Owner and/or operator | Authorised body | 1 working day from detection | Contact details of the responsible person; measures taken; data needed to notify subjects: full name, IIN, phone number (para 4) |
| 1a | Cybersecurity centres (state operations centre, sector centres, response services) | Authorised body | 3 hours from detection | Data needed to notify subjects; necessary protection measures (para 5; Cybersecurity Law, Art. 7-4, Art. 7-5 and others) |
| 2 | Authorised body | E-government operator | 1 working day from receipt | Risks for subjects; recommended measures; data for notification; contact details of the responsible person (para 6) |
| 3 | E-government operator | Data subjects | No deadline set | Notice in the eGov personal account, mobile app and/or SMS (para 7) |
The notification is sent in writing, as an electronic document or by another secure method (para 3). The Protection Rules repeat the one-day duty (para 23). For restricted-access data there is also a duty to alert the regulator about cybersecurity incidents involving unlawful access (para 15(3)).
The breach register
The authorised body keeps a register of personal data breaches. Its sources are publicly available information and reports from cybersecurity centres (Art. 23-2; Art. 27-1(5-1)). The regulator informs the e-government operator about breaches that put data subjects at risk (Art. 27-1(6-2)). Under the Cybersecurity Law, the authorised body processes breached data in order to inform data subjects through the eGov personal account (Art. 7-1).
Interpretation. The model is centralised: the operator does not have to write to the people affected, but it hands their names, IINs and phone numbers to the regulator, and the state then notifies them through its own channels. This simplifies communication for the company, but it also means the regulator learns about the breach and its scale straight away, and informing data subjects is out of the company’s hands.
Comparison with the GDPR
| Question | Kazakhstan | GDPR |
|---|---|---|
| Deadline to notify the authority | 1 working day | Without undue delay and, where feasible, within 72 hours (Art. 33) |
| Threshold | Any breach | Not required where the breach is unlikely to result in a risk to rights and freedoms (Art. 33(1)) |
| Notifying data subjects | Done by e-government on the basis of data from the regulator | Done by the controller where the risk is high (Art. 34) |
| Internal breach records | No separate breach log; medium and large operators record cybersecurity events (Protection Rules, paras 13–14); the regulator keeps the breach register | The controller documents all breaches (Art. 33(5)) |
| Guidance | Breach Notification Rules | EDPB Guidelines 9/2022 |
Interpretation. The Kazakhstan deadline is shorter than the European one and has no risk threshold. Companies with European incident response processes should adapt them to one working day and report every breach, not only risky ones.
Liability
The Code on Administrative Offences has no specific offence for failing to notify a breach. It may be classified as failure to take protection measures — up to 600 MCI, or up to 2,000 MCI if it led to loss or unlawful processing of data (Code on Administrative Offences, Art. 79). How this works in practice remains to be researched.
Open questions
Open question: when is a breach “detected”? The deadline runs from detection, but the Law does not say whether that is the first alert from a monitoring system or a confirmed finding of an investigation.
Open question: must the operator also notify data subjects itself? The Law and the Rules assign this to e-government. Whether the operator has its own duty, for example under a contract or general civil law, is an open question.
Open question: foreign data subjects. Notification goes through eGov by IIN or phone number. The Rules do not say how people without an IIN or a Kazakhstan phone number will be notified.
Open question: incomplete information. Within one working day the operator may not manage to identify everyone affected. The Rules do not expressly say whether the notification can be supplemented later.
Still to research
- Whether the regulator publishes information from the breach register.
- Enforcement practice for late notification.
- The Cybersecurity Law’s rules on incidents not involving personal data and how they overlap with these Rules.
All quotations of Kazakhstan legislation are unofficial translations from the Russian text published on Adilet.
Materials
Law of the Republic of Kazakhstan "On Personal Data and Their Protection" (opens in a new tab)
The core statute: definitions, scope, the in-country storage rule (Art. 12) and cross-border transfers (Art. 16). Notification of processing (Art. 10-1) and operator size categories (Art. 25-1) apply from 25 August 2026.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceAutomated processing and AIBreaches and notificationsConsentCross-border transfersTypes of personal dataData subject rightsDeletion and anonymisationDisclosure to third partiesLiabilityData localisationNotification and register of operatorsProcessing principlesProcessing without consentPurpose, scope and retentionRegulator and state supervisionResponsible person and internal policiesScope and key termsTelecommunicationsSecurity measures
Rules on notifying data subjects of personal data breaches (Order No. 481/NK of 9 August 2024) (opens in a new tab)
How breach notification works: the owner or operator reports to the regulator within one working day (para 4), cybersecurity centres within three hours (para 5); the regulator passes the data to the e-government operator, which notifies data subjects via eGov or SMS (paras 6–7).
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
Rules on personal data protection measures for owners, operators and third parties (Order No. 179/NK of 12 June 2023) (opens in a new tab)
The main secondary act on protection measures, restated in September 2026: notification, operator size categories and tiered measures, restricted-access data (incl. cryptography), local collection and storage in a server room or data centre in Kazakhstan, the responsible person, and breach notification within one working day.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceBreaches and notificationsTypes of personal dataData localisationNotification and register of operatorsResponsible person and internal policiesSecurity measures
Law of the Republic of Kazakhstan "On Cybersecurity" (opens in a new tab)
The former Informatisation Law. Relevant here: cybersecurity centres must alert the data protection regulator within three hours of a personal data breach (Arts 7-4, 7-5 etc.), subjects are informed via eGov (Art. 7-1), and personal data resources must be protected (Art. 56).
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
● Checked 26 October 2026in forceBreaches and notificationsSecurity measures
Code of the Republic of Kazakhstan on Administrative Offences (opens in a new tab)
Article 79 sets administrative fines for personal data violations: unlawful collection or processing, abuse of position, failure to take protection measures, and such failure resulting in loss or unlawful processing. Fines range from 30 to 2,000 MCI.
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
Regulation (EU) 2016/679 (General Data Protection Regulation) (opens in a new tab)
Used for comparison. The GDPR has no general localisation duty: data move freely within the EU (Art. 1(3)), and exports outside the EEA are governed by Chapter V, with the transfer conditions in Arts 44–49.
Open:EUR-Lex (opens in a new tab)official
● Checked 26 October 2026in forceCross-border transfersKazakhstan and the GDPRData localisation
EDPB Guidelines 9/2022 on personal data breach notification under GDPR (opens in a new tab)
Guidance on Arts 33–34 GDPR: when to notify the supervisory authority (72 hours, where there is a risk) and data subjects (high risk). Useful for contrast with Kazakhstan's one-working-day rule without a risk threshold.
Open:edpb.europa.eu (opens in a new tab)
Not checked against the sourceBreaches and notificationsKazakhstan and the GDPR