Data Protection in Kazakhstan

Transfer in Kazakhstan

Transfers of personal data are allowed if they do not violate the rights and freedoms of a personal data subject and do not affect the legitimate interests of other individuals and / or legal entities.

The transfer of personal data in cases that go beyond the previously stated purposes of its collection is permitted if carried out with the consent of a personal data subject or his / her legal representative.

The cross-border transfer of personal data to other countries is carried out only in cases where such countries ensure protection of personal data.

The cross-border transfer of personal data to countries that do not ensure protection of personal data is possible:

  • with the consent of the personal data subject or his / her legal representative to the cross-border transfer of his / her personal data;
  • in cases stipulated by international treaties ratified by Kazakhstan;
  • in cases provided for by Kazakh law, if it is necessary for protecting the constitutional system, public order and public health and morals and rights and the freedoms of a person in Kazakhstan;
  • in case of protection of constitutional rights and freedoms of a person, if obtaining the consent of a personal data subject or his / her legal representative is impossible.

Kazakh law may in certain cases prohibit the cross-border transfer of personal data.

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