Previously, we published our alert on the dossier for the draft law “On Internet Platforms and Online Advertising” (Draft Law)¹.

In June 2023, the Mazhilis ² approved in its second reading the Draft Law ³ and accompanying amendments to certain laws, including the Administrative Code⁴.

Below is a brief overview of the most significant changes:

1. New concepts were introduced to the Draft Law, such as: online platform, online advertising, influencer (blogger), instant messaging service, sponsored content, targeted online advertising, and others.

2. Owners of online platforms are required to use the state language (Kazakh) in the interface and implement an automatic translation system for users’ content into the Kazakh language (originally, there was also an obligation to provide the interface in Russian also).

3. Owners of online platforms and/or instant messaging services* (with an average daily access of more than 100K users per month) are required to appoint a legal representative in Kazakhstan. Please refer also to our first alert on this initiative.

The legal representative must interact with the authorized body, ensure the execution of court decisions and consider and act on injunctions, representations, and other decisions of state bodies.

*Important: the new requirement does not apply to internal corporate services and email services, such as Outlook, Gmail, etc.

4. Online platforms are subject to inspections. Inspections are to be conducted in the form of preventive controls, without in-person visits of the legal entity. Recommendations to eliminate violations shall be executed within three working days. Inspections are carried out no more than once per quarter.

5. Online platforms must have in place a program to determine the number of users, implement mechanisms to deal with illegal content and provide users with privacy policies before completing the account registration process.

6. Online platforms are obliged to promptly notify law enforcement authorities in event they detect any information that poses a threat to the life or safety of citizens of Kazakhstan.

7. Owners of online platforms must publish an annual report describing systemic risks and offer recommendations to mitigate such risks.

8. Users and owners of online platforms will be required to clearly identify online advertisements as such, indicating that it is sponsored content and (or) targeted advertising. It is envisioned that a subordinate act establishing the procedure for labeling will be developed and adopted.

9. There is an obligation for online platforms to create a repository in which advertising information will be stored for one year after it was last displayed online.

10. The Draft Law explicitly establishes the obligation of users and “influencers” to comply with requirements to not disseminate false information or publish illegal content as defined by the Administrative Code.

11. It is expected to introduce liability for posting and disseminating false information⁵. Violations will be punished by a fine of up to 100 MCIs (approximately €715).

Please note that the Draft Law is still under development and may undergo further changes and additions.

We are actively monitoring the status of this initiative and will keep you updated. If you have any questions, please contact us.

1. Note: the title of the Draft Law has been changed to the Law “On Online Platforms and Online Advertising”↩
2. The lower house of the Parliament of Kazakhstan↩
3. Draft Law on Online Platforms and Online Advertising (initiated by deputies) - in Russian↩
4. Code of Administrative Offences No. 235-V dated July 5, 2014↩
5. Draft Law of the Republic of Kazakhstan “On Amendments to the Code of Administrative Offences on the issues of online platforms and online advertising” - in Russian↩