DATA PROTECTION · KAZAKHSTAN
Cross-border Data Transfers in Kazakhstan
Bond Stone advises multinational corporations on cross-border personal data transfer compliance in Kazakhstan — the conditions under which personal data may be transferred outside Kazakhstan, adequate jurisdiction requirements, data subject consent for non-adequate jurisdiction transfers, and contractual safeguards for intercompany data sharing arrangements.
Primary authority: Law of the Republic of Kazakhstan "On Personal Data and Its Protection" No. 94-V dated 21 May 2013 (as amended, most recently in 2026). Authority: adilet.zan.kz
Key Framework
Cross-border transfer framework
Law No. 94-V permits cross-border transfers of personal data where the receiving country protects personal data (Art. 16(2)). Kazakhstan does not maintain a published list of adequate countries, which means that businesses must conduct their own adequacy assessment for the receiving jurisdiction before transferring personal data. Where it does not, transfer may still take place with the data subject's consent, under a ratified treaty, in cases set by law for listed public interests, or to protect constitutional rights where consent cannot be obtained (Art. 16(3)). A law may also prohibit or restrict a transfer (Art. 16(4)).
Adequate jurisdiction transfers
Personal data may be transferred to jurisdictions that ensure adequate protection of personal data. Because Kazakhstan publishes no official list, treating the EU, the UK or other GDPR-style regimes as adequate is a working assessment, not a ruling. Bond Stone advises on jurisdiction-specific assessments before cross-border data flows are set up.
Non-adequate jurisdiction transfers — consent requirement
Where the receiving jurisdiction does not ensure adequate personal data protection, the usual basis is the data subject's consent to the cross-border transfer, given in writing, through a service or in another provable way (Arts. 8(1), 16(3)). Consent cannot be withdrawn where that would contradict the law or while an obligation remains unperformed (Art. 8(2)). Bond Stone advises on designing consent mechanisms for cross-border transfer scenarios — including employee data transfers to non-adequate group company locations and customer data transfers for international service delivery.
Intercompany data sharing arrangements
Multinational groups operating in Kazakhstan frequently transfer personal data between group entities across jurisdictions — for HR platform consolidation, shared services, ERP systems, and data analytics. Bond Stone advises on structuring intragroup data sharing agreements (data processing agreements and controller-to-controller transfer agreements) compliant with Kazakhstan's cross-border transfer requirements, alongside any localisation obligations. An agreement supports a transfer but does not replace an Article 16 ground.
Interaction with localisation requirement
Cross-border transfer compliance is a separate requirement from data localisation — both must be satisfied simultaneously. Personal data must be stored in a database located in Kazakhstan (Art. 12(2)); subsequent cross-border transfers from the localised database are subject to the transfer requirements above. Bond Stone advises on managing both localisation and transfer compliance within the same data architecture.
Experience
Cross-border Transfer · Kazakhstan · Corporate
EU-Kazakhstan Data Flow — Multinational
Advising a European multinational on structuring EU-Kazakhstan data flows for its HR platform — adequacy analysis for EU → KZ and KZ → EU transfers, consent mechanisms for KZ employee data transferred to EU-hosted HR systems, and intragroup data transfer agreement.
Cross-border Transfer · Kazakhstan · Technology
Non-adequate Jurisdiction — Consent Design
Advising a technology company on transferring Kazakhstan customer data to servers in a non-adequate jurisdiction — designing explicit consent mechanisms for transfer, consent capture at point of data collection, and withdrawal procedures.
Cross-border Transfer · Kazakhstan · Corporate
Intragroup Agreement — Global Group
Drafting an intragroup data transfer agreement for a multinational group's Kazakhstan subsidiary — covering cross-border HR data transfers to a shared services centre in a non-EU jurisdiction, with Kazakhstan-law-compliant consent and security annexes.
Cross-border Transfer · Kazakhstan · M&A
M&A — Cross-border Transfer Risk
Identifying cross-border transfer risks in M&A due diligence — reviewing the target's international data flows, assessing whether transfers to foreign group entities were structured lawfully, and quantifying remediation cost.
Cross-border Transfer · Kazakhstan · Technology
Cloud Services — Transfer Analysis
Advising on the cross-border transfer implications of using a US-hosted cloud service for processing Kazakhstan personal data — adequacy analysis, supplementary safeguards, and consent requirements for Kazakhstani data subjects.
Cross-border Transfer · Kazakhstan · EAEU
EAEU Data Flows
Advising on data flows between Kazakhstan and other EAEU member states — Russia, Belarus, Kyrgyzstan, Armenia — in the context of EAEU data protection alignment and Kazakhstan's domestic transfer requirements.
Why Bond Stone
- Data protection integrated into every market entry and M&A mandate
- Ranked Legal 500 EMEA and IFLR1000 — Almaty and Astana offices
Primary authority: adilet.zan.kz
Discuss your data protection matter
Contact Bond Stone for a confidential discussion about Cross-border Data Transfers in Kazakhstan.
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+7 (701) 729 76 72 — Almaty
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