eSignature Legality in Kazakhstan

eSignature Legality Summary

Under Kazakhstani law, a written signature is not necessarily required for a valid contract - contracts are generally valid if legally competent parties reach an agreement, whether they agree electronically or in a physical paper document. At the same time, most commercial contracts must be concluded in written form. 

A contract executed by way of exchanging electronic documents or electronic messages is deemed to be in written form. The use of electronic digital signatures is permitted when concluding a transaction, if this does not contradict Kazakhstani law or the requirement of one of the parties. (Articles 152.2 and 152.1-1of the Civil Code of the Republic of Kazakhstan). 

The Law of the Republic of Kazakhstan On Electronic Document and Electronic Digital Signature (E-Signature Law) and the Civil Procedure Code of the Republic of Kazakhstan specifically confirm that electronic documents authenticated by “electronic digital signatures” compliant with the E-Signature Law, which are similar to a Qualified Electronic Signature (or “QES”) under the laws of the European Union, are equal to handwritten documents. Accordingly, such contracts cannot be declared invalid or denied enforceability merely because they are concluded electronically by electronic digital signature. 

Since 2024, the Law of the Republic of Kazakhstan on Informatization has introduced a special legal regime for the use of a “simple electronic signature”, which is similar to a standard electronic signature (an “SES”) under E.U. law (Article 20-1). A simple electronic signature is an electronic digital form of confirmation of a person's signature through the use of codes, passwords or other means of identification.

Transactions certified by a simple electronic signature may be considered equivalent to those signed on paper, provided the following conditions are met:

• the parties have reached a written agreement on the use of a simple electronic signature;

• the parties acknowledge in writing the authenticity and legal force of transactions concluded using a simple electronic signature;

• the transaction is not subject to notarization or mandatory state registration and is not included in the list of transactions (approved by the authorized body) for which a simple electronic signature cannot be used.

Private business entities have the right to use a simple electronic signature when interacting with foreign individuals, foreign legal entities, and legal entities with foreign participation.

These requirements apply within the framework of a pilot project until 1 July 2026.

To confirm the validity of a contract, parties in certain cases have to present evidence in court. Leading specialized information systems for managing electronic transactions can provide electronic records, admissible in evidence under Kazakhstani law, to support the existence, authenticity and valid acceptance of a contract. Further, the Civil Code of the Republic of Kazakhstan (Article 152.3) expressly permits parties to conclude agreements using various means of communications, such as telegrams, faxes, electronic documents, electronic messages or other documents which can identify parties to the transaction and their respective intents. 

The Civil Code of the Republic of Kazakhstan permits the conclusion of contracts using electronic documents and electronic messages and does not require the mandatory use of an electronic digital signature in all cases, in accordance with the E-Signature Law. Other forms of electronic confirmation of the parties' intent are not automatically considered equivalent to a handwritten signature, and their legal validity is determined by the court, taking into account the specific circumstances of the case.

Use Cases for Standard Electronic Signature (SES)

Use cases where a simple electronic signature may be appropriate include:

• commercial agreements between corporate entities, including NDAs, procurement documents (other than procurements by state agencies and state-owned companies, which must use electronic digital signatures pursuant to the E-Signature Law), and sales agreements;

• consumer agreements, including new retail account opening documents.

Use Cases for Other Types of Electronic Signature (e.g. Digital Signature, QES)

Use cases where an electronic digital signature may be required include:

• Commercial agreements, including NDAs, procurement documents, sales agreements;

• Consumer agreements including new retail account opening documents;

• Bids in connection with procurement tenders by state authorities and state-owned companies;

• Court documents such as appeals, motions which are submitted electronically;

• Sale and purchase of goods and services.

The admissibility of a document signed electronically with any other form of electronic signature may be left to local court discretion.

Use Cases That Are Not Typically Appropriate for Electronic Signatures or Managing Electronic Transactions

In Kazakhstan, many state and notarial procedures have already been converted to electronic format and can be performed using an electronic digital signature through official government services.

However, not all notarial acts are permitted electronically. Currently, certain notarial documents of a representative and confirmatory nature, such as powers of attorney, consents, and applications, are typically executed electronically.

At the same time, transactions involving the alienation of property, property management, and other significant property rights generally require the personal participation of the parties and execution through a traditional (wet-ink) notarial procedure.

A similar approach is applied in the area of ​​state registration, where the possibility of electronic filing and signing of documents depends on the type of transaction and the requirements of the relevant state information systems.

Furthermore, in the area of ​​labor relations, under Kazakhstani law, certain personnel documents must be executed on paper with the personal signature of the employee and/or employer, which also limits the use of electronic formats. Thus, the possibility of using an electronic form and an electronic digital signature is determined by the specific type of document or transaction and the current rules for their execution.

Local Technology Standards

The legislation of the Republic of Kazakhstan recognizes locally certified electronic digital signatures, similar to a QES, as legally significant and automatically admissible as evidence. Other types of electronic signatures may be recognized as valid on a case-by-case basis. A QES is a specific implementation of a digital signature that meets specific government requirements, including the use of a secure device for signature creation, and has been certified as "qualified" either by that government or by a party to a contract with that government. A foreign electronic digital signature may be recognized as legally significant in Kazakhstan if it meets the requirements established by law, including if:

• the authenticity of the foreign electronic digital signature is confirmed by a trusted third party in Kazakhstan;

• the person signing the electronic document is in legal possession of the private key of the corresponding electronic digital signature;

• the electronic digital signature is used within the limits and under the conditions specified in the registration certificate;

• the signature is generated by means of an electronic digital signature of a foreign certification authority registered with a trusted third party of Kazakhstan, or a foreign certification authority of a foreign state whose trusted third party is registered in the Republic of Kazakhstan (Article 13 of the E-Signature Law).