Are electronic signatures legal in Kazakhstan? Which laws primarily regulate electronic signatures?
Electronic signatures are legal in Kazakhstan. The use of electronic signatures in Kazakhstan is primarily governed by the Law of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature" (2003) and the Civil Code of the Republic of Kazakhstan.
What is an electronic signature in Kazakhstan?
The Law "On Electronic Document and Electronic Digital Signature" in Kazakhstan recognizes only "electronic digital signatures" similar to Qualified Electronic Signatures (QES). Therefore, if a document is electronically signed using any other type of signature, the admissibility of the document is at the discretion of local courts. A qualified signature is a specific implementation that must meet certain government requirements. These include being created using a secure signature creation device and being certified as "qualified" by the government or an authorized third party.
The Civil Code does not explicitly require electronic signatures to comply with the "Electronic Signature Law" (i.e., QES) as "electronic digital signatures." Thus, any form of electronic signature that meets the requirements of the Civil Code should theoretically be enforceable as a handwritten signature. However, this will ultimately be subject to evaluation by the courts on a case-by-case basis.
The signatures provided by eSignGlobal, through integration with local trusted service providers, can meet Kazakhstan’s requirements for secure digital signatures.
In the Kazakhstan, in which situations is the use of electronic signatures restricted?
Electronic digital signatures are applicable in, but not limited to, the following scenarios:
Court documents submitted electronically, such as appeals and motions.
Bids related to procurement tenders with state-owned enterprises and national authorities.
Sales and purchases of goods and services, among others.
In the Kazakhstan, in which situations are traditional (wet-ink) signatures required?
A traditional signature is required for the following documents or scenarios:
Officially notarized documents: Certain corporate documents, such as agreements for the sale of participation interests in the charter capital of a Kazakhstan limited liability partnership.
Real estate documents, such as lease agreements with a term exceeding one year.
Contracts for the transfer of immovable property.
Transfers of intangible property requiring state registration, such as patents and copyrights.
Certain human resources documents.
★Disclaimer：
The Content of this page is for reference only. It aims to provide background information on the legal framework of the national electronic signature. Please note that the contents of this page do not constitute legal advice and should not be used or relied on as legal advice. For any legal questions concerning your use of electronic signatures in a particular jurisdiction, we recommend that you consult the relevant legal counsel.eSginGlobal Do not be liable for any express, implied or statutory representations or warranties of this page or the materials thereon, including, but not limited to, representations, guarantees or warranties of merchantability, applicability or accuracy for a particular use.