Article 26. Grounds and purposes of using information and credit reports The Law on Credit Bureaus and Formation of credit histories in the Republic of Kazakhstan
1. The basis for information providers, with the exception of information providers specified in subitems 3-1) and 3-2) of paragraph 1 of Article 18 of this Law, to provide information to credit bureaus (with the exception of a credit bureau with state participation), as well as issuing credit reports from credit bureaus, is the consent of the subject of the credit history.
2. Information in the credit bureau system can be used by recipients of credit reports for the purposes of:
1) risk assessments in the provision, monitoring and prolongation of loans;
1-1) assessment of the creditworthiness of the subject of the credit history;
2) risk assessments in case of changes in the terms of loan agreements;
3) risk assessments for other deferred payment transactions;
4) confirmation of the correctness of the information contained in the credit report.
IZPI's note! Paragraph 2 is provided to be supplemented with subparagraph 5 in accordance with the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).
5) risk assessments when carrying out activities by recipients of credit reports specified in subparagraph 3) of paragraph 1 of Article 20 of this Law.
IZPI's note! Paragraph 3 is provided for in the wording of the Law of the Republic of Kazakhstan dated 30.06.2025 No. 205-VIII (effective sixty calendar days after the date of its first official publication).
3. Credit bureaus have the right to use the information received from information providers for their marketing, analytical and statistical research.
4. The credit bureau has the right to provide to the credit bureaus of foreign countries and receive from them information on the presence or absence of the credit history of the subject in the presence of an agreement on the exchange of information between the authorized body and the relevant supervisory authority of a foreign state.
5. Cross-border exchange is carried out through the interaction of authorized organizations of foreign states and credit bureaus on the terms of agreements concluded between them on cross-border exchange, agreed with the authorized body.
6. The agreement on cross-border exchange contains the following conditions for the implementation of cross-border exchange:
1) rules and regulations of information interaction;
2) the language in which information is generated and transmitted;
3) description of formats and structures of electronic documents and information;
4) list (composition) of identification data;
5) the procedure for dispute settlement, including the procedure for challenging the information contained in the credit histories by the subject of the credit history;
6) financial conditions for providing information;
7) requirements for organizational and technical information security;
8) other conditions necessary for the implementation of cross-border exchange.
7. Cross-border exchange is carried out with the consent of the subject of the credit history for cross-border exchange, which is valid for six months from the date of its submission.
The consent of the subject of the credit history for cross-border exchange is issued as part of the application of the subject of the credit history for the conclusion of a loan agreement or other transaction between the user of the credit history and the subject of the credit history.
If a loan agreement or other transaction has been concluded between the user of the credit history and the subject of the credit history within the period specified in part one of this paragraph, the consent is valid until the expiration of the agreement or other transaction.
8. Information and other information for which cross-border exchange is carried out includes:
1) request for a credit report;
2) the consent of the subject of the credit history for cross-border exchange;
3) Credit report;
4) documents concerning the contesting of information included in credit histories.
9. Authorized organizations and the user of the credit history, when carrying out cross-border exchange, are obliged to ensure the protection of information and information in respect of which cross-border exchange is carried out during their processing, storage and transfer.
10. The information and information obtained during the cross-border exchange can be used by the user of the credit history solely for the purpose of registration of credit relations and (or) monitoring of completed credit relations.
The Law of the Republic of Kazakhstan dated July 6, 2004 No. 573.
This Law defines the legal, economic and organizational foundations of the formation of credit histories in the Republic of Kazakhstan, the legal status of participants in the system of formation of credit histories and their use, regulates public relations related to the creation, implementation and termination of activities of credit bureaus, the specifics of state regulation, control and supervision in this area.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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