Electronic digital signature in the Republic of Kazakhstan: legal status, types and procedure for obtaining

An electronic digital signature (EDS) is an electronic analogue of a handwritten signature, which has legal significance and is intended to authenticate electronic documents. In technical terms, an EDS is a cryptographic file stored on a personal computer or removable media (for example, a USB stick) and used when performing legally significant actions in electronic format.

The analogues of the Kazakh EDS in international practice are:

Qualified Electronic Signature (CAP) — in the Russian Federation;
eIDAS — in the European Union;
ESIGN Act and UETA are in the United States of America.
Classification of EDS in Kazakhstan
In accordance with the legislation of the Republic of Kazakhstan, the following types of EDS are distinguished::

1. Personal (personal) EDS
   Issued to individuals, including individual entrepreneurs;
   It is used for filing tax returns, receiving government services, signing personal statements, certificates and other documents.;
   It is used in daily interaction with government services.
2. Corporate EDS
   Issued to legal entities;
   Allows authorized representatives of the company to sign documents on behalf of the organization, submit accounting and tax reports, participate in public procurement and tenders.;
   The head of the organization has the right to delegate the rights to use corporate EDS to other employees by means of a notarized power of attorney.
   Legal significance and functional purpose
   EDS is a key element in digital document management and provides access to more than 80% of electronic government services. The holder of a valid electronic signature has the right to:

request information and extracts from state registers;
to file claims with judicial authorities through an electronic portal;
receive information from the state archive;
participate in the online registration of legal entities;
interact with the electronic licensing system, as well as many other digital platforms.
To date, over 650 types of online services are provided through EDS.

The procedure for obtaining EDS by foreign citizens
Foreign citizens (non-residents) wishing to obtain an electronic digital signature in the territory of the Republic of Kazakhstan should contact the Public Service Center (PSC). The application is submitted in writing on the basis of one of the following conditions:

personal presence of the applicant upon presentation of a foreign passport;
an application from an authorized representative based on a notarized power of attorney.
It is also possible to preform an application through the official website of the National Certification Center of the Republic of Kazakhstan (www.pki.gov.kz ).

Validity period and security measures
The EDS is issued for a period of one calendar year, with the possibility of unlimited extension at the initiative of the owner. The re-renewal is carried out in a similar way through the PSC or the online platform of the NUC.

Important: It is not recommended to transfer EDS to third parties. The electronic signature key must be stored and used in compliance with information security measures. Violation of the terms of use may entail legal risks, including unauthorized signing of documents on behalf of the owner.