How to Avoid Fines When Using an EDS: Clarifications from the Ministry of Digital Development

Since March 13, 2025, new rules on the use of electronic digital signatures (EDS) have come into force in Kazakhstan. The Ministry of Digital Development, Innovations, and Aerospace Industry has reminded that violating these rules can lead to administrative liability for both the owner of the signature and the person who used it.

What Has Changed?
Using someone else’s EDS is now officially considered a violation. If an offense is detected, both parties — the one who shared the EDS key and the one who used it — can be held administrative liable. Such acts are equated with unlawful access and forgery.

How to Use EDS Without Violations
To avoid fines for improper EDS use, it is important to follow two key rules:

1. Granting Power of Attorney

If the head of an organization does not sign documents personally, they must officially delegate the right to sign to an employee or accountant. For legal entities and individual entrepreneurs, this is done through a power of attorney issued in accordance with Article 10, paragraph 3 of the Law “On Electronic Documents and Electronic Digital Signatures.” In some cases, this power of attorney must be registered with the relevant government authorities.

2. Personal Use of EDS
The most reliable way to avoid legal risks is for the individual to sign documents with their own EDS. This excludes any possibility of sanctions arising from handing over an EDS key to third parties

Liability for Violations
The transfer of an EDS has been prohibited since January 1, 2016. Administrative liability applies for unauthorized use of someone else’s digital signature. In addition, sanctions for violations in the field of personal data protection have been increased. According to Article 79 of the Administrative Offenses Code of the Republic of Kazakhstan, fines have been increased threefold and now range from 30 to 2000 Monthly Calculation Indices (approximately 117,960 to 7,864,000 KZT).