Duty LXD-0366
Trains models, in Kazakhstan
Penal Code, unauthorized access to informationsince 1 line
Penal Code No. 226-V (), Art. 205 · Read the law's page
- Do not intentionally access legally protected information on an electronic medium without authorization where doing so causes significant harm; the offence is not confined to defeating a technical access control.
Law on Artificial Intelligence, copyright and training datasince 3 lines
Law No. 230-VIII (), Art. 23 · Read the law's page
- A work an AI system produces is protected by copyright only where a human made a creative contribution to it.
- Do not train an AI model on a published work if the author or rightsholder has posted a prohibition against it in machine-readable form.
- Training a model on a work is not covered by the educational or scientific free-use exception in Kazakhstan's copyright law, so it needs its own basis under this Article rather than that exception.
Law on Artificial Intelligence, machine-readable opt-out for training on published workssince 3 lines
Law No. 230-VIII (), Art. 23(5) · Read the law's page
- Before using works, published news articles included, to train an AI model, check whether the author or rightsholder has expressed a prohibition in machine-readable form, and do not train on the work if they have (Article 23(5)).
- Do not rely on copyright's free-use exceptions for educational or scientific purposes to justify training: training does not fall within them (Article 23(3)).
- Training a model does not itself amount to exercising the author's reproduction, distribution, adaptation, public display, performance or broadcast rights (Article 23(4)), but keep a separate licence or basis for your underlying reproduction of the articles themselves; the machine-readable check does not replace it.
Digital Code, general cybersecurity duty on digital-object owners and holderssince 3 lines
Digital Code No. 255-VIII (), Arts. 20, 97-98 · Read the law's page
- Protect the confidentiality, integrity and availability of every digital object you own or hold in Kazakhstan, a category that expressly includes software you make available to others.
- Implement technical measures, including cryptographic protection where applicable, together with organizational and legal measures, aimed at preventing, detecting and eliminating cyber threats to that digital object.
- Also follow the specific requirements set by the Law of the Republic of Kazakhstan "On Cybersecurity" and the unified digitalization and cybersecurity requirements adopted under it; their own specific duties are not further detailed here.
Law on Copyright and Related Rights, protection of compilations and databasesin force1 line
Law No. 6-I (), Art. 7 · Read the law's page
- A database is protected by copyright only as a compilation, where the selection or arrangement of its contents is itself the result of creative labour; scraping the contents of a database whose selection or arrangement does not meet that test does not implicate this Article.