Topics / Oversight and liability
18
Liability
Administrative and other liability for violating personal data legislation.
Questions
Click a question to see a short answer. The detailed analysis with legal references is in the note below.
Which administrative offences apply, and what are the fines?
The main article of the Code of Administrative Offences — on breaches of personal data law — covers unlawful collection and processing, the same done by abusing an official position, failure to apply protection measures, and such failure resulting in a leak or unlawful processing. Fines range from 30 to 2,000 MCI depending on the offence and the size of the business (from KZT 129,750 to KZT 8.65 million in 2026).
More in the note «Liability for breaches of personal data law»
Is there criminal liability for personal data violations?
What is the practice under Article 79 of the Code of Administrative Offences?
No public statistics have been found. Some procedural features are known — cases of unlawful processing are opened only on the victim's complaint and closed if the parties reconcile, and a legal entity can be held liable no later than one year after the offence and two months after it is discovered.
More in the note «Liability for breaches of personal data law»
Notes
Note
Who oversees compliance with personal data law: the regulator (the Ministry of Artificial Intelligence and Digital Development), local executive bodies and the prosecutor's office. How businesses are inspected — unscheduled inspections only, against a 33-item checklist — and how state bodies are inspected.
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
Administrative liability under Art. 79 of the Code of Administrative Offences — fines from 30 to 2,000 MCI (in 2026, from KZT 129,750 to 8.65 million), how cases are opened and the one-year limitation period for legal entities. Criminal liability under Art. 147 of the Criminal Code and civil liability for damages. A comparison with turnover-based GDPR fines.
Law stated as of 26 October 2026
Note
Who must appoint a person responsible for organising personal data processing, what that person does and how the role differs from a GDPR DPO. Which internal documents an operator needs depending on its category — small, medium or large — under the 2026 version of the Protection Rules.
Law stated as of 26 October 2026
Materials
Code
Code235-VKazakhstan
Code226-VKazakhstan
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