Kazakhstan's Digital Code: Electronic Signatures in 2026

What changed on 11 July 2026

On 11 July 2026, the Digital Code of the Republic of Kazakhstan (No. 255-VIII, signed 9 January 2026) entered into force, replacing the 2003 Law "On Electronic Document and Electronic Digital Signature". The Code is a single framework for Kazakhstan's digital environment — electronic documents, electronic digital signatures (EDS), digital identification, and related matters. Article 106 of the Code repeals the 2003 Law. Any clause, template, or vendor page that still cites the 2003 Law is out of date.

An EDS equals a handwritten signature — if four conditions are met

Under Article 49(2) of the Digital Code, an electronic digital signature is equivalent to the handwritten signature of the signatory and has equal legal effect. Article 49(4) makes that equivalence conditional: all of the following must hold at the same time. 01. Public-key verification: the authenticity of the EDS is verified using the public key. 02. Lawful possession: the signatory lawfully possesses the private key. 03. Certificate conformity: the signature is used in accordance with the information in the certificate. 04. Issuer qualification: the certificate is issued by a certification authority accredited in Kazakhstan, or by a foreign certification authority registered with the Trusted Third Party of Kazakhstan.

Why the four conditions matter

In Kazakhstan, the technical ability to sign a document online is not what creates legal effect — compliance with the statutory framework is. Failing even one condition in Article 49(4) can undermine the validity of the signature and the legal effect of the document. This matters most for corporate approvals, filings to government systems, formalisation of authority, and other legally significant documents signed locally. Previously, Kazakhstan recognised only the electronic digital signature; the Digital Code retains that as the highest form while recognising a simple electronic signature only within specific legal regimes defined by law.

A certified EDS is the route to full equivalence when

The document must carry the same legal effect as a handwritten signature.
A counterparty, registry, or government system requires a qualified-level signature.
The signer's certificate was issued by a Kazakhstan-accredited CA or a foreign CA registered with the Trusted Third Party.
The signatory lawfully holds the private key and the signature matches the certificate.

A wet-ink or otherwise formalised signature is still required for

Notarised corporate documents, such as transfers of participation interests in the charter capital of a Kazakhstan LLP.
Real estate documents, including leases with a term exceeding one year.
Contracts for the transfer of immovable property.
Transfers of intangible property subject to state registration.
Certain human-resources documents.

Old regime vs Digital Code

The table maps the main provisions that changed, so templates and checklists can be updated.

	2003 Law	Digital Code (2026)
Governing law	2003 Law "On Electronic Document and Electronic Digital Signature"	Digital Code No. 255-VIII, in force 11 July 2026 (2003 Law repealed by Article 106)
Signature effect	Electronic digital signature equivalent to handwriting	Article 49(2): EDS equivalent to handwriting, subject to the four conditions in Article 49(4)
Certification bodies	Certification centres under the 2003 Law	Chapter 11, Articles 52–60: accredited CAs; National CA via pki.gov.kz in practice
Key handling	Not expressly addressed	Article 51(3): private keys are personal property; transfer and third-party use prohibited
Foreign signatures	Recognition under the 2003 legal framework	Articles 49(4) and 57: recognised only through the Trusted Third Party mechanism
Liability	—	Article 640(5)–(6) of the Code on Administrative Offences: liability for unlawful transfer and use of keys

One signatory, one key: sharing is prohibited

Article 51(3) states that EDS private keys are the property of the persons who lawfully possess them, and that transferring private keys to other persons — or using such keys by other persons — is not permitted. Article 58(4)(3) requires the certificate holder to protect the private key against unauthorised access and use. In practice, a director or authorised signatory must not hand their EDS to an accountant, lawyer, or assistant "for convenience", even within the same company. Where another employee needs to sign or submit documents, that employee obtains a separate EDS and has their authority duly formalised. Unlawful transfer of a private key triggers administrative liability under Article 640(5) of the Code on Administrative Offences; use of another person's private key triggers liability under Article 640(6).

Foreign e-signatures: recognised through a special mechanism

For international groups, the most consequential point is Article 49(4) read with Article 57. A document signed through a foreign platform such as DocuSign or Adobe Sign is not automatically recognised as equivalent to a handwritten signature in Kazakhstan. A foreign EDS has that effect only where its certificate was issued by a CA accredited in Kazakhstan or by a foreign CA registered with the Trusted Third Party (TTP) of Kazakhstan. Article 57 sets out the mechanism: a foreign EDS is recognised when the TTP of Kazakhstan verifies its authenticity within the cross-border interaction framework. The rules for registering and terminating interactions between foreign CAs and the TTP, and the rules for verifying EDS authenticity, are approved by the authorised state body and apply from 27 September 2026.

A practical compliance path for cross-border teams

Treat the Digital Code as a controlled signing process, not a platform feature.

01

Map the documents

Identify which documents need the equivalent of a handwritten signature and which may still require wet ink or notarisation.

02

Confirm the signature level

Use a certified EDS where equivalence to a handwritten signature is required; confirm the certificate issuer is accredited in Kazakhstan or registered with the TTP.

03

Issue one key per signer

Give every individual who signs or submits documents their own EDS, and formalise their authority by power of attorney or internal act where needed.

04

Plan the foreign-signer route

Assume foreign signatures are not automatically recognised; confirm the TTP recognition path for foreign CAs before relying on a foreign platform.

05

Keep evidence

Retain certificate details, public-key verification, and the authority under which each signatory acted.

06

Update stale references

Replace any template, checklist, or vendor page that still cites the 2003 Law with references to the Digital Code.

Questions teams ask about the Digital Code

Yes. Electronic signatures are legal, and the Digital Code (No. 255-VIII), in force since 11 July 2026, is the governing law, together with the Civil Code of Kazakhstan.

Digital Code of the Republic of Kazakhstan No. 255-VIII (Adilet, English)eGovernment portal pki.gov.kz — National Certification Authority