Article 28. Protection of information constituting a commercial secret of the Entrepreneurial Code of the Republic of Kazakhstan

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1. The protection of a commercial secret consists in prohibiting the illegal receipt, dissemination or use of information constituting a commercial secret in accordance with this Code and the legislation of the Republic of Kazakhstan.

2. A business entity determines the circle of persons who have the right of free access to information constituting a trade secret and takes measures to protect its confidentiality.

3. The procedure for classifying information into access categories, the conditions for storing and using information constituting a trade secret, are determined by the business entity.

4. Measures taken by a business entity to protect information constituting a trade secret may include:

1) determination of the list of information constituting a trade secret;

2) restriction of access to trade secrets by establishing the procedure for handling this information and monitoring compliance with such procedure;

3) accounting of persons who have gained access to trade secrets and (or) persons to whom this information has been provided or transferred.

5. Persons who unlawfully obtained, disclosed and (or) used information constituting a commercial secret are obliged to compensate for the damage caused in accordance with the civil legislation of the Republic of Kazakhstan.

6. A business entity or a person authorized by it has the right to require its employees to sign a non-disclosure agreement on information constituting a commercial secret, and to warn persons carrying out its verification of liability in accordance with the laws of the Republic of Kazakhstan.

7. The list of information subject to mandatory publication or mandatory communication to shareholders of a joint-stock company, participants in a business partnership, members of a production cooperative or other specific circle of persons is established by the laws of the Republic of Kazakhstan and the constituent documents of a business entity.

8. Information constituting a commercial secret may not be disclosed without the consent of the business entity, except for information on which there is a court decision that has entered into force, or other cases established by this Code.

9. State bodies and their officials, without the consent of a business entity, are not entitled to disseminate and (or) use information that has become known to them due to the performance of their official (official) duties, which constitutes a commercial secret, except in cases provided for by the laws of the Republic of Kazakhstan.

10. A business entity has the right not to provide state bodies and officials with access to information constituting a commercial secret, except for that which is necessary for the implementation of the functions assigned to them, when performing registration, control and supervisory functions and performing other actions.

10-1. A business entity that owns a critically important digital object by right of ownership or other legal basis transfers a backup copy of the digital resource to a single digital resource backup platform in accordance with the procedure established by the legislation of the Republic of Kazakhstan, taking into account the requirements of the legislation of the Republic of Kazakhstan on national security.

10-2. A quasi-public sector entity transmits anonymized data to the digital government operator, which is necessary for data analytics in order for government agencies to carry out activities in accordance with digital data management requirements.

11. State bodies and their officials bear responsibility established by the laws of the Republic of Kazakhstan for the illegal dissemination and (or) use of information constituting a commercial secret, and damage caused to a business entity as a result of such dissemination and (or) use is subject to compensation in accordance with the civil legislation of the Republic of Kazakhstan.

12. Generalized information that does not disclose information about the activities of a particular business entity is publicly available.

13. Publicly available information of a business entity includes:

1) last name, first name, patronymic (if it is indicated in the identity document) or the name of the individual entrepreneur;

2) name and date of registration of the legal entity;

3) Identification number;

4) legal address (location);

5) type of activity;

6) the surname, first name, patronymic (if it is indicated in the identity document) of the supervisor.

7) information on ongoing public procurement and procurement of quasi-public sector entities, with the exception of organizations that are part of the structure of the National Bank of the Republic of Kazakhstan, and legal entities, fifty or more percent of the voting shares (stakes in the authorized capital) of which belong to the National Bank of the Republic of Kazakhstan or are in its trust management, including information on plans, announcements, participants, results, concluded contracts, fulfillment of contractual obligations and payment, as well as information on local content, with the exception of information constituting state secrets in accordance with the legislation of the Republic of Kazakhstan on state secrets and (or) containing official information of limited distribution determined by the Government of the Republic of Kazakhstan.

The footnote. Article 28 as amended by the Laws of the Republic of Kazakhstan dated December 28, 2017 No. 128-VI (effective after ten calendar days after the date of its first official publication); dated 06/25/2020 No. 347-VI (effective after ten calendar days after the date of its first official publication); dated 11/15/2021 No. 72-VII (effective from 01.01.2022); dated 07/14/2022 No. 141-VII (effective after ten calendar days after the date of its first official publication).

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Republic of Kazakhstan

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