Enforceability of contracts executed by using electronic means in Kazakhstan

1) Is a contract legally enforceable if the parties exchange scanned copies of signed documents by email?

Yes, signed and scanned copies are forcible. To avoid risks we recommend to keep the originals as well.

2) What requirements must be met for an electronic signature to be considered valid and legally binding?

In Kazakhstan the legislation provides e-signature EDS equivalent to an original. It should be obtained through the e-gov platform officially. 

3) Can a contract be executed entirely electronically without a paper original?

Yes, no restrictions for the electronic version.

4) Are contracts and agreements concluded through online platforms or mobile applications legally enforceable?

There is no possibility for using any application, only EDS acceptable.

5) How can a party prove in court that an electronic document was actually signed by a particular person and that its content has not been altered?

To show the contract signed by EDS or scanned copy with signatures. The contract signed by both parties is recognised as final.

6) Can a contract be considered validly executed if one or both parties sign it using a facsimile signature?

No, facsimile is not accepted.

7) In what circumstances does the law require a specific form of signature or a paper original despite the possibility of executing the contract electronically?

Electronic and hard-copy versions are equal.

8) What risks should businesses consider when using electronic methods to execute and sign contracts?

No risks.

9) Which types of contracts cannot safely be executed entirely electronically?

No restrictions.

10) Who bears the risk if an account or electronic signature is compromised and a third party signs the contract?

The owner of compromised signature.

Author: Assel Gainedinova