Are eSignatures Legally Binding in Kazakhstan?

In Kazakhstan, electronic signatures are legally recognised and governed by the Law of the Republic of Kazakhstan on Electronic Document and Electronic Digital Signature (2003) and the Kazakhstan Civil Code. According to this law, a handwritten signature is not necessarily required for a contract to be valid if the parties have reached a mutual agreement. However, many commercial contracts, including cross-border agreements, still need to be in written form. To validate a contract in certain cases, parties may be required to present supporting evidence in court.

Documents that can be signed electronically

Documents in Kazakhstan that can be signed with a simple electronic signature (SES) include:

Consumer agreements such as new retail account opening documents
Commercial agreements between corporate entities including NDAs, sales agreements and some procurement documents

Other types of documents require a qualified electronic signature (QES), these include:

Court documents such as appeals and motions that are electronically submitted
Bids connected to procurement tenders by state-owned companies and state authorities
Sale and purchase of goods and services

Documents that may not be electronically signed

In Kazakhstan, there are specific use cases that do not permit the use of electronic signatures and require a handwritten signature or formal notarial processes that are not typically compatible with e-signatures or digital transactions.

Certain HR documents
Real property transfer contracts
Some corporate documents e.g., an agreement on the sale and purchase of participating interests in charter capitals of limited liability partnerships
Real estate documents such as lease agreements for longer than 1 year
Intangible property transfers subject to state registration

Types of e-signature permitted in Kazakhstan

The E-Signature Law in Kazakhstan only recognises “electronic digital signatures” which are similar to QES. Therefore, if a document is electronically signed with any other type of signature it is up to the local court’s discretion on the admissibility of the document. A qualified signature is a specific implementation that has to meet certain government requirements. These include being created using a secure signature creation device and being certified as ‘qualified’ by the government or an authorised third party.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Law of the Republic of Kazakhstan on Electronic Documents and Electronic Signature

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in Kazakhstan

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