Employment

Personal data of employees and job applicants.

Questions

Click a question to see a short answer. The detailed analysis with legal references is in the note below.

  1. What requirements does employment law set for employee personal data?

    The Labour Code has almost no detailed rules — employers must process and protect employee data under personal data law. The main practical rule is that on hiring, only documents on the Code's list may be required (ID, education and employment records, medical examination results where mandatory, and a few others). Employers also enter employment contract details in the unified state recording system.

    More in the note «Personal data of employees and job applicants»

  2. Is employee consent needed, and for what?

    For what the law requires (taxes, contributions, insurance, recording employment contracts), no consent is needed. For everything else — photos on the website, relatives' data, biometric office access, sharing within a group or abroad — consent is needed, with specific purposes rather than a blanket consent.

    More in the note «Personal data of employees and job applicants»

  3. How should job applicants' data be handled during hiring?

    Collect only what is needed to assess the applicant for the specific position; background checks (references, open sources) require the applicant's consent. Paper copies of identity documents may not be made, save in cases provided by law. Rejected applicants' documents are kept "until no longer needed" — in effect, until the selection is over, unless they consented to a talent pool.

    More in the note «Personal data of employees and job applicants»

Key provisions

Notes

Materials

Code

Code414-VKazakhstan

Labour Code of the Republic of Kazakhstan (opens in a new tab)

The Code says little about employee data: employees have a right to protection of their data (Art. 22), employers must process it under personal data law (Art. 23(2)(24)) and report contracts to the unified system (Art. 23(2)(27)). Only documents listed in Art. 32 may be required on hiring.

Key provisions
Art. 6 (opens in a new tab), Art. 22 (opens in a new tab), Art. 23 (opens in a new tab), Art. 25 (opens in a new tab), Art. 32 (opens in a new tab)

● Checked 26 October 2026in forceProcessing without consentEmployment

Secondary legislation

Secondary legislation279-НҚKazakhstan

List of standard documents of state and non-state organisations with retention periods (Order No. 279-NK of 17 June 2025) (opens in a new tab)

Retention periods for standard documents of any organisation. For HR: internal personal data policies — permanently; employment contracts and personnel files — 75 years; documents of rejected applicants — until no longer needed; employees' consent forms — 1 year.

Key provisions
items 460–467

● Checked 26 October 2026in forcePurpose, scope and retentionEmployment