Universal Access | |
| 1. Does your country have a national broadband plan or policy to develop a high-speed access network? | YES |
| 2. If yes, does the plan or policy include blended finance or public-private partnership investment schemes for broadband expansion? | YES |
| 3. If yes, does the plan or policy include government investment in infrastructure to make broadband more broadly available? | YES |
| 4. If yes, what areas are the government investments targeting: Check all that apply. | |
If yes, what areas are the government investments targeting: First mile | YES |
If yes, what areas are the government investments targeting: Middle mile | YES |
If yes, what areas are the government investments targeting: Last mile | YES |
If yes, what areas are the government investments targeting: Invisible mile | YES |
| 5. Does your country mandate the financing of a Universal Service Fund (USF) for services such as voice telephony services, fixed broadband Internet access services, and terrestrial mobile communication services? | NO |
| 6. Are fiscal incentives in place to accelerate internet deployment? | NO |
If yes, specify: Accelerated depreciation for connectivity infrastructure investments: | NO |
If yes, specify: Tax credits for research and development: | NO |
If yes, specify: Loans, Guarantees or Subsidies for Connectivity Infrastructure: | NO |
| 7. Is equal access available to shared or government owned infrastructure such as road, railways, water and power lines? | YES |
| 8. Does the law in your country require its cable operators to provide open access for internet services? | NO |
| 9. Does the law provide for unbundling and line sharing rules? | YES |
| 10. What restrictions, if any, are placed on foreign ownership of foreign telecom operators? | Minimum Level of Local Ownership Mandated |
If Other, Please Specify: | N/A |
| 11. Does your country’s national broadband plan or policy set a performance target for minimum download speed Mbps? | NO |
| 12. Does your country’s national broadband plan or policy set coverage targets? | YES |
Population with Broadband | YES |
Population with Broadband Target % of Population | 75% |
Businesses with Broadband | YES |
Businesses with Broadband Target % of Businesses | 40% |
Schools with Broadband | YES |
Schools with Broadband Target % of schools | 100% of scientific educational institutions connected to a single national scientific and educational network |
Rural Coverage | NO |
Rural Coverage Target % of rural population | N/A |
Population with mobile internet | NO |
Population with mobile internet Target % of population | N/A |
PC ownership | NO |
PC ownership Target % of population | N/A |
Population with Digital Identity | NO |
Population with Digital Identity Target % of population | N/A |
E-Government | YES |
E-Government. Please Specify | 50% of state services provided in electronic form |
Other | YES |
Other. Please Specify | Please refer to Informational Kazakhstan – 2020 |
| 13. Are fiscal incentives in place to increase access to broadband? | NO |
If yes, do the fiscal incentives include device (computer or mobile) subsidies: | NO |
If yes, do the fiscal incentives include broadband service subsidies: | NO |
If yes, do the fiscal incentives include rural broadband subsidies: | NO |
| 14. Does your country’s broadband plan or program include the rollout of free, public access points? | NO |
| 15. Can a broadband connection request be completed entirely online? | YES |
| 16. A) How much time is required to obtain internet connection service? (Calendar days) | 3 |
| 16. B) What is the average cost to request internet connection service? (USD) | 10 |
| 17. What is the average price for a month of business broadband connection with at least 10 Mbps download speed with unlimited data usage? (USD) | 40 |
| 18. Are there fees or penalties for switching broadband providers? | NO |
Spectrum Managment | |
| 19. Does your country assign spectrum on the basis of competitive auctions? | YES |
If yes, please specify how the spectrum auction winners are primarily evaluated: Bid Price | YES |
If yes, please specify how the spectrum auction winners are primarily evaluated: Speed of Build-Out | YES |
If yes, please specify how the spectrum auction winners are primarily evaluated: Technology | YES |
| 20. Does your country have policies and regulations that allow the following practices for spectrum allocation? | |
Spectrum shortage evaluations: | YES |
Voluntary spectrum trading: | NO |
Voluntary spectrum leasing: | NO |
Spectrum caps: | NO |
Secondary markets for unlicensed spectrum (TVWS or other relevant frequency bands)? | NO |
Obtaining and Protecting Domain Names | |
| 21. Which of the following are required to secure a country code top-level domain registration? | |
Trademark matching the domain name: | YES |
Legal name of entity: | YES |
Local business registration: | YES |
Local business address: | YES |
Business owner must be a national or permanent resident: | NO |
| 22. Which of the following are considered legitimate reasons for denial of domain name registration? Check all that apply: | |
Type of domain name (.edu, .org) do not match type of entity | YES |
Attempt to divert consumers either for commercial gain or in an attempt to disrupt or disparage another entity | NO |
Financial gain without no intention to use the mark with the sale of goods or services (cyber-speculation) | NO |
Domain name holder has previously registered and sold domain names without intending to use them in connection with the sale of goods or services (cyber-squatting) | NO |
Provision of false information when applying for registration of domain name | YES |
| 23. Can a company transfer the domain name to a new registrant? | YES |
| 24. Are there laws or regulations on the following? | |
Bad Faith in user registration: | YES |
Cyber-squatting: | NO |
Phishing, spam, or even distribution of malware: | YES |
| 25. Is an authority or regulator outside of the courts responsible for domain name disputes or complaints? | NO |
| 26. A) How much time is required to secure a domain name? (Calendar days) | 1 |
| 26. B) What is the cost to request domain name registration service? USD | 10 |
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Individual Rights
1. Under which conditions can e-commerce platforms lawfully process the computerized personal data of adult customers? The customer has given consent for the processing of his or her personal data for one or more specific purposes
YES Processing is necessary for the performance of a contract to which the customer is party
NO Processing is necessary for compliance with a legal obligation to which the controller is subject
YES Processing is necessary to protect the vital interests of the customer
YES Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
YES Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party
YES 2. What are the grounds under which e-commerce platforms can lawfully get their adult customers' consent when collecting their personal data? There is no provision in the law that defines the concept of “consent”
NO Consent must be freely given
NO Consent must be specific
NO Consent must be informed
NO Consent must be nonambiguous
NO Consent must be distinguishable from (or tied to) other matters
NO Consent must be obtained by a specific method
YES 3. If an adult customer requests information on the processing of his or her personal data by an e-commerce platform firm and is ready to bear the cost of it, to what degree is an e-commerce platform obliged to provide it? There is no legal obligation
NO The customer can access all his or her personal data with no conditions
YES The customer can access some of his or her personal data with no conditions
NO The customer can access all or part of his or her personal data but only under certain conditions
NO 4. If an adult customer requests the deletion of his or her personal data from an e-commerce platform, to what degree is the latter obliged to comply?
There is no legal obligation
NO All personal data must be deleted (or erased) with no conditions
NO All personal data can be deleted (or erased) but only under certain conditions
YES Cross-border Data Flows
5. To what degree are e-commerce platforms allowed to transfer the personal data of local customers to nondomestic third parties?
Free with all countries
NO Free with certain countries with no conditions
NO Free with certain countries but subject to certain conditions
YES 6. If one of the answers above is “Free with certain countries but subject to certain conditions,” what are the general conditions under which e-commerce platforms can transfer data trade to a nondomestic third party?
Adequacy approach
YES Accountability approach
NO 7. If subject to the adequacy approach, what circumstances constitute an “adequate level of protection” when transferring personal data to a third-party country?
The nature of the personal data
NO The country of origin of the data
NO The third country in question
NO The purposes for which and period during which the data are to be processed
NO The law in force in the third country
YES The international obligations of the third country
NO Any relevant codes of conduct or other rules enforceable in the third country
NO Any security measures taken with respect to the data in the third country
NO Data Security and Enforcement
8. Do data controllers/processors have to comply with a legal or regulatory framework on data privacy?
YES 9. Do data controllers/processors have to process differently nonsensitive and sensitive personal data?
NO 10. Do e-commerce platforms, considered data controllers/processors, have to comply with any security requirements for automated personal data? Pseudonymization and encryption of personal data
YES Appointment of personal data processing manager
NO Adoption of an internal policy for establishing procedures for preventing and detecting violations
YES Performance of internal controls
NO Assessment of the harm that might be caused by a data breach
NO Awareness program among employees
NO 11. Are e-commerce platforms that process personal monitored by a supervisory authority? YES 12. Do e-commerce platforms have to comply with administrative procedures established by the supervisory authority to lawfully process personal data?
None: There is no administrative procedures to process personal data for marketing purposes
YES Notification of the supervisory authority
NO Registration through the supervisory authority
NO 13. If yes, are fees applied by the supervisory authority?
NO -
Logistics
1. Is there (any type of) a de minimis threshold in your country? YES 2. If yes, what is the threshold amount in local currency units (LCUs)—or in USD if stated in USD in the respective regulation?
1000 EUR 3. What is the threshold amount in USD?
1123 4. If applicable, what is the basis of the de minimis threshold for imported products?
Value and weight of consignment 5. If applicable, does the scope of the de minimis threshold cover exemption from customs duties?
YES 6. Is there an import VAT/GST in your country?
YES 7. If applicable, does the scope of the de minimis threshold cover an exemption from the VAT/GST?
YES 8. If the de minimis threshold does not cover the VAT is there a separate de minimis threshold for the VAT? N/A 9. If there is a separate de minimis threshold for the VAT, what is the amount of the de minimis threshold for the VAT (local currency or as specified in regulation)?
N/A 10. If there is a separate de minimis threshold for VAT, what is its basis?
N/A -
Licensing of Payment Service Providers (PSPs)
1. According to the law, do PSPs have to establish at least one separate account with commercial banks to safeguard user funds? YES 2. If yes, which of the following provisions are required for PSPs when managing the separate account(s)? Check all that apply: Ensure all received funds are placed in a ring-fenced account at a commercial bank exclusively dedicated for this purpose as approved by the central bank
NO Ensure that the account balance is not at any time less than the outstanding balance owed to users
NO Do not use the funds to engage in any lending activity, including (but not limited to) the provision of credit and overdraft facilities
YES Do not invest user funds in any type of financial asset
YES Do not transfer user funds to another account used for other business activities
YES 3. According to the law, do PSPs have to hold and account for user funds separately from any other funds they hold for other business purposes?communication services? YES 4. According to the law, do PSPs have to ensure that user funds are covered by an insurance policy or a guarantee from a credit institution? NO 5. According to the law, do PSPs have to seek for approval from the related authority before they intend to outsource any operational functions?
NO 6. According to the law, do PSPs have to seek approval from the related authority before they outsource any operational functions? Check all that apply:
Do not outsource any critical operational functions that would impair the quality of internal controls
YES Do not outsource any critical operational functions that would impair the ability of the related authority to monitor and enforce compliance of the regulation?
YES Ensure the outsourcing does not result in any delegation of compliance responsibilities of its senior management
NO Ensure compliance with AML/CFT (anti-money laundering/combating financing of terrorism) and cybercrime laws
YES Maintain the relationship and obligations of PSPs toward their users
YES Remain compliant with the legal and licensing requirements
NO Ensure the financial performance of PSPs
YES Ensure the soundness and continuity of the PSPs’ digital payment services.
YES Payment Authorization and Processing
7. According to the law, do PSPs have a monthly load limit for a merchant through an issued payment instrument in your country? NO 8. If yes, what is the load limit amount per month?
N/A 9. According to the law, do PSPs have a single payment transaction limit for a merchant through an issued payment instrument in your country?
NO 10. If yes, what is the transaction limit amount?
N/A 11. What information must PSPs disclose to merchants upon the execution of a payment transaction? Check all that apply:
A unique reference number enabling the payer/payee to identify the payment transaction
YES Payment transaction amount
YES Identity of the payer/payee
YES Date on which the payment order was placed
YES 12. How long does it take for a merchant to receive online payments into its merchant account (i.e., settlement period)?
Domestic e-commerce (real time)
YES Cross-border e-commerce (real time)
YES Domestic e-commerce (Calendar days)
3 Cross-border e-commers (Calendar days)
10 Security
13. According to the law, do PSPs have to provide two-factor authentication using standards like 3D Secure?
NO 14. According to the law, do PSPs and users (like Electronics Inc.) have to comply with the Payment Card Industry Data Security Standard (PCI DSS)?
NO 15. According to the law, do PSPs and users (e.g., internet platforms) have to install Transport Layer Security (TLS) or its predecessor, Secure Sockets Layer (SSL), on their web page or internet browser?
NO 16. Does the legal framework on chargebacks apply to the following situations? Check all that apply:
Fraudulent transactions
YES Credit and service not processed
YES Goods not received
NO An error in the amount
YES 17. Do PSPs set a maximum predetermined threshold of the monthly chargeback rate for a merchant? NO -
Consumer Protection
1. Are merchants selling goods through an e-commerce platform legally mandated to comply with a legal framework on online consumer protection? YES 2. Are merchants selling goods through an e-commerce platform legally mandated to comply with online information disclosure rules? YES 3. What information are merchants on an e-commerce platform legally mandated to disclose to consumers prior their online purchase?
Full business address of the merchant
YES Identity of the merchant
YES Product information
YES Delivery information
NO Information about payment processes
NO Information about the existence of a right of withdrawal
NO Information about complaint handling
NO Information about the party bearing the cost of returning the goods in case of cancellation
NO Information on out-of-court complaint and redress mechanism
NO 4. Are online information disclosure rules specified above applicable to mobile devices?
YES 5. Is a domestic merchant selling a computer charger on an e-commerce platform legally mandated to comply with the following general rules related to the right of withdrawal for online purchases?
Information duty
NO Absence of reason
YES Withdrawal period
YES 6. What is the period (in number of days) during which the customer of an e-commerce platform can withdraw (cancel) its purchase without any penalties and without giving any reason (so-called cooling-off period), if applicable?
14 7. In a dispute between a domestic customer and a domestic merchant about a low-value sale, is an alternative dispute resolution (ADR) mechanism or online dispute resolution (ODR) platform legally available for the domestic consumer acting individually?
ADR mechanism
YES ODR platform
NO 8. If an ODR platform is available, is the domestic merchant legally mandated to disclose the name of the ODR provider to his or her customer prior to purchase?
N/A 9. Is there a maximum time period during which the dispute must be resolved in ODR with a merchant on an e-commerce platform?
N/A 10. If yes, please specify the time period (Calendar days)
N/A 11. Are merchants on an e-commerce platform legally mandated to comply with redress rules for the online purchase of goods?
YES 12. What types of remedies are legally enforced for the online purchase of goods?
Price reduction
YES Refund
YES Repair
YES Replacement
YES Intermediary Liability
13. Are e-commerce platforms considered internet intermediaries in your jurisdiction?
NO 14. If yes, what is the definition of an internet intermediary in your jurisdiction?
Mere conduit
N/A Caching provider
N/A Hosting provider
N/A 15. If e-commerce platforms are considered as internet intermediaries, does the law provide for their liability status regarding content infringing local intellectual property laws posted by third parties on its website?
Immune
NO Partially liable
NO Fully liable
NO 16. If partially liable, please provide the conditions under which an e-commerce platform may not be liable for infringing content: It has no actual knowledge of the infringing content
N/A It is not aware of facts that would indicate a likelihood of liability in respect of material on infringing content
N/A It removes or disables access to the infringing content expeditiously when it has actual knowledge or becomes aware of a likelihood of liability
N/A It does not initiate the transmission of the infringing content
N/A It does not select the addressee of the content
N/A It performs the functions in an automatic
N/A It does not modify the electronic record of the infringing content contained in the transmission
N/A E-Signature
17. Does the law grant electronic signatures the same legal status as handwritten contracts? E-signature
NO Digital signature (need for a public key)
YES 18. Does the use of a specific technology (e.g. PKI) grant additional legal benefits in terms of the legal recognition of the digital signature (e.g. validity in terms of burden of proof)? NO 19. Does the signature have to be certified by a certification authority to be recognized as having full validity? YES 20. Does a certification authority need a license to operate? NO
