Amendments to the Code of Administrative Offenses of Kazakhstan: stricter rules for the use of electronic digital signatures

Since March 13, 2025, new amendments to the Code of Administrative Offences (hereinafter – CAO) have come into force in Kazakhstan, tightening the rules for the use of electronic digital signatures (EDS).

According to paragraph 6 of Article 640 of the Code of Administrative Offenses of the Republic of Kazakhstan, the use of someone else’s private key of EDS entails administrative liability:

1. for individuals – a fine of 50 MCI (196,600 KZT in 2025);
2. for small businesses – 100 MCI (393,200 KZT);
3. for medium-sized businesses – 150 MCI (589,800 KZT).
4. for large businesses – 200 MCI (786,400 KZT).

In accordance with Article 10 of the Law “On Electronic Document and Electronic Digital Signature”:

1. An electronic digital signature is equivalent to the handwritten signature of the signatory and entails the same legal consequences if the following conditions are met:
2. The head of a legal entity or a person substituting him may authorize an employee of the legal entity or a person designated by him to sign an electronic document. In this case, each employee shall use a registration certificate and the corresponding private key of electronic digital signature obtained in his/her own name.

Thus, the use of another person’s electronic digital signature is a violation, regardless of the signature owner’s consent.

At the moment it remains unknown how the state authorities are going to control the process of transferring EDS to accountants/lawyers/outsourcing companies/and other third parties. However, what is unambiguous is that the transfer of EDS to a third party and the use of another person’s EDS by a third party is a violation of the law.

It is possible that a video identification/verification procedure will be introduced by the state body.

As of today, the question remains open as to how the innovation will affect the market of outsourcing services and whether the state body will provide an alternative to EDS for use by third parties.