rom a unique interface all her/his data shared with providers such as bank, insurance, energy, internet, and mobile providers. However, the regulation does not specify which data can be shared, but only provides that firms must comply with existing laws, in particular data protection and competition laws. In the absence of clear guidelines, firms might be reluctant to share data to avoid an anti-competitive practice. The Commission is well aware of this problem, and will therefore update the Horizontal Co-operation guidelines to provide more guidance on data-sharing and pooling agreements, as recommended by the Crémer et al report. It is worth noting that the Commission will consider data-access or data-sharing as remedies in case of competition concerns in merger control.
However, one question remains: How the Commission will prevent anticompetitive data-sharing through a private blockchain? Indeed, it will be possible to share data via a technical enabler. The latter allows the data supplier to control the use made of the data shared with data users. It can monitor whether data users respect the provisions of the data transfer agreement by tracking the data usage made by using a private blockchain. It can even sanction data users in case of violation of the data transfer agreement. It will be thus possible to monitor in real-time an agreement and to implement an immediate retaliation in case of deviation. Hence, there will be no incentive to deviate from the collusive outcome. Moreover, thanks to the blockchain, the collusion will be undetectable. In sum, the collusion will be sustainable and undetectable by competition authorities.
To conclude, the DGA is an important pillar to foster data-sharing, but should be first and foremost accompanied by more guidance on data-sharing, and an update of the data portability right (as recommended by the Commission) towards a data interoperability right, which is the right of the data subject to obtain and transfer real-time data from one provider to another or directly from one controller to another on behalf of the data subject in an interoperable data format.
(data-sharing after the DGA)
 European Commission, press release, Commission proposes measures to boost data sharing and support European data spaces, November 25, 2020 (accessed December 8, 2020).
https://ec.europa.eu/digital-single-market/en/news/commission-proposes-measures-boost-data-sharing-and-support-european-data-spaces  AGCM, Press release, Fact-finding Survey on Big Data, June 8, 2018 (accessed April 28, 2019).
https://en.agcm.it/en/media/press-releases/2018/6/alias-2497  Furman, J. et al report, p. 69; Crémer, J. et al report, p. 81; Schallbruch, M. et al report, p. 38.  Communication from the commission to the European parliament, the council, the European economic and social committee and the committee of the regions, A European strategy for data, February 19, 2020, p. 14.
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52020DC0066&from=EN  Crémer, J. et al report, p. 126.  Communication from the commission to the European parliament, the council, the European economic and social committee and the committee of the regions, A European strategy for data, February 19, 2020, p. 14.  EC, Commission staff working document Guidance on sharing private sector data in the European data economy-Accompanying the document Communication from the Commission to the European Parliament, the Council, the European economic and social Committee and the Committee of the Regions "Towards a common European data space" SWD/2018/125 final, April 25, 2018, p. 11.
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52018SC0125&from=EN  OECD, Blockchain Technology and Competition Policy-Issues paper by the Secretariat, 26 April 2018.
See also, Schrepel, T., Is Blockchain the Death of Antitrust Law? The Blockchain Antitrust Paradox, Georgetown Law Technology Review / 3 Geo. L. Tech. Rev. 281 (2019), June 11, 2018.
https://ssrn.com/abstract=3193576  Communication from the commission to the European parliament, the c