Topics / Lawful processing
04
Consent
Form, content and withdrawal of consent; state and non-state access control services.
Questions
Click a question to see a short answer. The detailed analysis with legal references is in the note below.
In what form can consent be obtained, and what must it contain?
Consent is given in writing, through a state or non-state service, or in another way that allows its receipt to be confirmed. It must state who processes the data, the person's full name, the term of consent, whether data may be passed to third parties or abroad, whether they will be published, and the list of data collected. If data come from state systems, consent is given only through the state service.
More in the note «Consent to the collection and processing of personal data»
How is consent withdrawn, and how quickly must processing stop?
A person may withdraw consent at any time simply by notifying the company. The company then has 15 working days to stop processing or give a reasoned refusal — for example, if the law requires the data to be kept. Consent cannot be withdrawn if that would contradict the law or an obligation is still outstanding (say, an unpaid loan).
More in the note «Consent to the collection and processing of personal data»
When is integration with the state access control service required?
How should consent be obtained on a website or in a mobile app?
The law does not say whether a tick box or a button is enough — it requires that receipt of consent can be confirmed, and the company bears the burden of proof. In practice that means a consent text with all mandatory details, a separate tick the person sets themselves, and a stored record of who agreed, when and to which version of the text.
More in the note «Consent to the collection and processing of personal data»
Notes
Note
Three layers of rules on automated decisions: Article 19-1 of the Personal Data Law (prohibited without consent or a statutory basis, right to object with a response within three working days), Article 43 of the Digital Code (explanation and human review) and the 2025 AI Law (prohibited functions, transparency, training data). Plus the 2026 standard on AI in schools: teachers, not systems, decide on grades.
Law stated as of 26 October 2026
Note
In Kazakhstan consent is the main ground for processing, not one of many. This note covers the form of consent, its required content, when separate consent is needed, how the state and non-state services work, how consent is withdrawn, and why proving consent is harder than it seems.
Law stated as of 26 October 2026
Note
What rights data subjects have under the Personal Data Law and the Digital Code, how quickly the operator must respond (from one to fifteen working days), how a request is made and where to complain. A summary table of deadlines and a comparison with the GDPR, noting the absence of data portability and a general right to object.
Law stated as of 26 October 2026
Note
How the Law distinguishes disclosure to specific persons from publication in public sources, when consent is needed, what the rules on self-published data and the ban on "non-purposive extraction" change, and why Kazakhstan law has no familiar "processor" figure.
Law stated as of 26 October 2026
Note
A summary table of 20 issues showing where Kazakhstan's personal data rules resemble the GDPR and where they differ fundamentally — legal grounds, localisation, cross-border transfers, deadlines, the responsible person, fines. Plus a list of what a GDPR-compliant company must additionally do for Kazakhstan.
Law stated as of 26 October 2026
Note
When data may be processed without consent: the closed list of Article 9 and the special rules for published data. What the list lacks compared with the GDPR — contract, legitimate interest, vital interests — and what that means for employers and ordinary businesses.
Law stated as of 26 October 2026
Note
What the Labour Code says about personal data: a closed list of documents on hiring, a ban on asking for more, the unified system for recording employment contracts. When an employer needs consent and when the law suffices, how to handle applicants' data, how long to keep HR records and why identity documents should not be photocopied.
Law stated as of 26 October 2026
Note
How personal data law interacts with banking secrecy, microcredit secrecy, credit history rules and AML/CFT in banks, microfinance organisations and credit bureaus. The new 2026 Banking Law, biometric authentication through the National Bank and retention of customer files.
Law stated as of 26 October 2026
Note
The special regime for personal medical data under the Health Code: medical confidentiality and when it may be lifted, the electronic health passport, who may access patient data and when, and Ministry of Health rules on consent, patient notification and storage in Kazakhstan.
Law stated as of 26 October 2026
Materials
Statute
Statute94-VKazakhstan
Парламент Республики Казахстан · 21 May 2013
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
- Key provisions
- Art. 1 (opens in a new tab), Art. 3 (opens in a new tab), Art. 10-1 (opens in a new tab), Art. 12 (opens in a new tab), Art. 16 (opens in a new tab), Art. 25-1 (opens in a new tab), Art. 29 (opens in a new tab)
● 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
Secondary legislation
Secondary legislation395/НҚKazakhstan
Министерство искусственного интеллекта и цифрового развития РК · 21 October 2020
Detailed rules on collection and processing: consent for public dissemination, disclosure and cross-border transfer (para 4-5), a three-working-day deadline to answer data subjects (para 16), irreversible de-identification (paras 20–21), blocking and deletion (para 25).
Open:Adilet (opens in a new tab)officialzakon.uchet.kz (opens in a new tab)alternative source, unofficial
- Key provisions
- paras 4 (opens in a new tab)–4-5 (opens in a new tab), para 6-3 (opens in a new tab), para 11 (opens in a new tab), para 16 (opens in a new tab), paras 17 (opens in a new tab)–18 (opens in a new tab), paras 20 (opens in a new tab)–21 (opens in a new tab), para 25 (opens in a new tab)
● Checked 26 October 2026in forceConsentCross-border transfersData subject rightsDeletion and anonymisationDisclosure to third partiesPurpose, scope and retention
Secondary legislation144/НҚKazakhstan