Kazakhstan's data protection authority has significantly intensified its enforcement activity in 2025. International companies that collect, store, or transfer the personal data of Kazakhstani residents are now facing a materially higher risk of inspection, administrative sanction, and mandatory remediation orders than in previous years.
Kazakhstan's data protection legislative regime requires every oprator (data controller) and every data processor handling personal data of residents to register databases with the Komitet po informatsionnoy bezopasnosti (Committee on Information Security. The national DPA), maintain local data storage where mandated, and implement documented consent mechanisms. Recent enforcement actions have targeted cross-border data transfer practices and incomplete localisation measures. International businesses without an established compliance programme face inspection notices and fines that can escalate within a matter of weeks.
This alert summarises the key regulatory developments, identifies the business categories most exposed to enforcement, and sets out immediate actions required before compliance deadlines pass.
What changed and when it took effect
Kazakhstan's data protection legislation was substantively amended in late 2023 and entered into full effect across 2024 and into 2025. The amendments strengthened several obligations that had previously been unevenly enforced.
The most consequential changes concern three areas. First, the data localisation obligation – the requirement that personal data of Kazakhstani citizens be stored on servers physically located within Kazakhstan – is now actively monitored and audited. Previously, many foreign operators treated this requirement as aspirational. Enforcement actions in 2025 have demonstrated that the DPA treats non-compliance as a serious, immediately actionable breach.
Second, the conditions for lawful cross-border data transfer have been tightened. A data controller wishing to transfer personal data outside Kazakhstan must now demonstrate either that the destination country provides an adequate level of protection or that the data subject has given explicit, documented consent. The DPA has issued guidance confirming that generic terms-of-service language does not constitute a valid consent mechanism for this purpose.
Third, the obligation to notify the DPA of database registration. which applies to any operator collecting personal data from Kazakhstani residents. is being enforced against foreign entities with no physical presence in Kazakhstan. Provided they process data of residents. This extraterritorial reach mirrors the approach taken by GDPR compliance regimes in the EU. Additionally. International companies that assumed the rules did not apply to them without a local office are now being corrected by enforcement notices.
Companies operating in adjacent high-growth regulatory areas should also review our analysis of AI and technology law in Kazakhstan, where data protection obligations intersect with emerging algorithmic accountability rules.
Which businesses are affected
The enforcement actions of 2025 have targeted a broad range of business categories. Exposure does not depend on company size or sector alone. The threshold criteria that determine whether a business falls within scope are as follows.
A business is directly affected if it meets any one of these conditions:
- It collects personal data from individuals located in Kazakhstan, regardless of where the company is incorporated or where its servers are located.
- It operates a website, application, or platform accessible to Kazakhstani residents and processes their registration, behavioural, or transactional data.
- It transfers personal data of Kazakhstani residents to processors or affiliates outside Kazakhstan as part of ordinary business operations.
- It acts as a data processor for a Kazakhstani data controller, handling personal data under a service agreement.
- It holds a database of Kazakhstani residents' personal data that has not been registered with the DPA.
Sectors currently receiving the most regulatory scrutiny include financial services, e-commerce, logistics and delivery, HR and workforce management platforms, and healthcare technology. That said, any international company with a regional presence, a Kazakhstani customer base, or cross-border employment relationships should treat this alert as directly relevant.
A common mistake among foreign operators is to assume that GDPR compliance in the EU automatically satisfies Kazakhstani requirements. It does not. The two regimes share a conceptual vocabulary – data controller, data processor, consent, lawful basis – but diverge significantly on localisation obligations, DPA registration mechanics, and cross-border transfer rules. Companies that have invested in GDPR compliance programmes must run a separate gap analysis against Kazakhstani data protection legislation.
For a detailed review of your company's obligations under Kazakhstani data protection law, contact our team at info@ferrazwhitmore.com.
Immediate actions required
The compliance deadline for remediation of identified breaches, where a DPA inspection notice has already been issued, is typically 30 days from the date of the notice. For companies that have not yet been contacted but fall within scope. Proactive registration and localisation measures should be treated as urgent. enforcement inspections can be triggered by third-party complaints or routine sector sweeps, with little advance warning.
The following five actions are required for international companies operating within scope:
- Audit your data flows. Map every category of personal data collected from Kazakhstani residents, identify where it is stored, and document each cross-border data transfer with its legal basis.
- Register databases with the DPA. Any unregistered database containing personal data of Kazakhstani residents must be submitted for registration. Operating an unregistered database is itself an enforcement trigger.
- Review your consent mechanism. Consent language must be explicit, specific, and documented. Generic cookie banners or bundled terms-of-service clauses will not withstand DPA scrutiny.
- Assess localisation feasibility. If your processing architecture routes Kazakhstani personal data exclusively through servers outside Kazakhstan, you must either establish local storage, engage a local data processor with compliant infrastructure, or obtain valid transfer authorisation.
- Appoint a local point of contact. The DPA expects a designated representative or contact point for correspondence. Foreign operators without one face procedural disadvantages during inspections and extended response timelines.
Companies dealing with comparable enforcement trends across CIS borders should review our related alert on data protection enforcement in Russia for a comparative perspective on regional regulatory trajectories.
Our full advisory on data protection law in Kazakhstan covers the complete compliance architecture, DPA registration procedures, and cross-border transfer mechanisms in detail.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our data protection practice covers the full compliance lifecycle – from initial gap analysis and DPA registration through to enforcement response and cross-border transfer structuring. We regularly advise international companies on data protection obligations in Kazakhstan and across CIS markets, combining civil law expertise with practical experience before regulatory bodies in high-growth jurisdictions. As an international law firm in Kazakhstan matters, we work with technology companies, financial institutions, and in-house legal teams that need coordinated advice across multiple regulatory regimes simultaneously. The firm's CIS practice is supported by practitioners with direct experience managing regulatory correspondence with data protection authorities in the region. To discuss how the current enforcement environment affects your operations in Kazakhstan, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.