Taxation Logic and Specific Legislative Measures for Data Tax

Abstract

As the Internet developed and personal information could be freely collected and used, governments around the world began to strengthen personal information protection laws to strengthen individuals’ right to privacy. However, as various platform businesses using personal information grew, data came to be recognized as a resource with economic value, and there is a trend of revising personal information protection laws so that information subjects can utilize them. In particular, as governments around the world foster the MyData industry, where individuals can directly control and utilize their own information, the legal theory of individual data sovereignty is also developing. Meanwhile, countries also need to protect domestic resources and secure the competitiveness of domestic companies by appropriately controlling overseas transfers from the perspective that they have sovereignty over data generated in their own country. Data tax is a concept that collects excess profits generated when IT companies that use big data processing as their core technology do not pay a reasonable price while providing necessary services using data as raw materials. However, it is also meaningful in that it can supplement blind spots in the MyData industry along with economic data localization. Data tax in the form of consumption tax basically plays a role in securing additional tax revenue, but it can complement the lack of income-centered international tax system in preventing tax evasion by multinational corporations. This article presents specific legislative measures for taxation of data. In addition, I also proposed effective methods to utilize the information security management system certification related to data movement necessary to effectively capture taxable objects.