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Mark Cole

Mark Cole

Professor of Media and Telecommunication Law

Research Topics European and Comparative Media Law, Internet Law, Freedom of Expression, Intellectual Property Law, European and Constitutional Law
Faculty or Centre Faculté de Droit, d'Economie et de Finance
Research Unit Droit
Postal Address Weicker Building, Université du Luxembourg
4, rue Alphonse Weicker
L-2721 Luxembourg
Campus Office C205
Email
Telephone (+352) 46 66 44 6824
Video Prof. Mark Cole (SnT)
Prof. Mark Cole (SnT)
 
Mark Cole - Associate Professor of Law

  • Since January 2015, Mark D. Cole has been Professor for Media and Telecommunication Law at the University of Luxembourg, where he is also Course Director for the Master in General European Law LL.M. programme. Beetween 2007 and 2014, he was Associate Professor of Law (Law of the New Information Technologies, Media and Communications Law) at the same university. 
  • In addition, he is a Faculty Member of the Interdisciplinary Centre for Security, Reliability and Trust (SnT) of the University of Luxembourg.

External appointments include:

  • Director for Academic Affairs at the Institute for European Media Law (Saarbrücken/Brussels),
  • Co-Director of the Institute for Legal Informatics at the Universität des Saarlandes,
  • Lecturer for "European Media Law" in the LL.M. programme on Media Law at the Mainzer Medieninstitut/Johannes Gutenberg Universität Mainz,
  • Lecturer for "Media Competition Law" - Case Studies in the LL.M. programme on "European and International Law" at the Europainstitut, Saarbrücken.

     

  • Prof. Mark D. Cole specialises in Media Law, covering both traditional mass media as well as the law of the new information technologies. Of British origin (born 1972), he grew up in Switzerland and Germany where he studied law and political science. He holds a doctorate from the Johannes Gutenberg Universität Mainz (2003) where he was research assistant from 1999 to 2002 and again from 2005 to 2007 at the Chair in Public Law, International and European Law, Media Law. Additionally, he holds both German State Examinations in Law. He gained practical experience in media law at the DG Competition of the European Commission, a law office specialising in Intellectual Property Law and the legal department of a television broadcasting company. For three years he was Researcher at the Mainz Media Institute where he still teaches a class on European Media Law in the LL.M.-programme on Media Law. From 2005 to 2007 he was lecturer for "Media Law" in the Media Sciences course of the Technical University Braunschweig and also taught in the advanced training programme for government employees of the European School of Governance (Berlin) covering all areas of European Law.
  • Prof. Mark D. Cole has published and guest lectured in many European countries and the U.S. and has participated in conferences, not only on subjects of Media Law, but also Public International Law, European Law and Constitutional Law.
  • In addition to the information to be found here on the research project further details can be found via www.medialaw.lu.

Last updated on: Wednesday, 11 February 2015

This section provides updates on projects and teaching that Prof. Cole and his team are currently involved with.

- In March 2015, Prof. Cole gave an extensive interview at the premises of radio 100,7 in Luxembourg on various aspects of the European Commission's Digital Agenda and current developments in the communications sector. The interview, which took place in the Riicht eraus programme is available as a podcast here.

- In February 2015, Prof. Cole presented on the data protection framework in the EU at an ERA seminar for national judges in Vilnius, Lithuania.

- In January 2015, a joint seminar was held at the premises of radio 100,7 in Luxembourg for students of the European law master's programme of the University of Luxembourg and students of the Universität des Saarlandes. The presentations of students covered a variety of topics related to the regulation of radio services and were given in presence of Jean-Paul Hoffmann (Director of radio 100,7), Prof. Ory (Universität des Saarlandes), Peter Matzneller (General Manager of the Institute of European Media Law) and Prof. Cole.

- In November 2014, Prof. Cole participated in 2 seminars in Berlin. Together with other experts, he participated in a discussion panel organized by the German regulator for the protection of minors (KJM) on the question whether the protection of minors in media can still be realized at national level (see invitation). In a seminar on the protection of human dignity in media organized by the German self-regulatory bodies FSF and FSM, Associate Prof. Cole spoke about the constitutional meaning of the concept of human dignity (see schedule, press release and photos).

- In a press briefing at the European Parliament on July 23rd, Prof. Cole and Assistant Prof. Franziska Boehm of the University of Münster, holder of a doctorate of the University of Luxembourg presented an extensive study on the recent judgement of the Court of Justice that declared the Data Retention Directive void. The study was commissioned by the Group of the Greens/EFA in the European Parliament on initiative of Jan Philipp Albrecht who is the Parliament’s rapporteur on the General Data Protection Regulation that is currently under debate. Aim of the research is to answer what consequences follow from the decision of the Court that declared the Directive void because of significant violations of fundamental rights. The study is now publicly available via the website of the Greens or can be downloaded from www.medialaw.lu from here.

Prof. Cole also gave an extensive interview about the findings of the study and the present debate about the judgment to the Luxembourgish radio station 100,7. The interview is availabe in German here

- On July 7 th , Ph.D. candidate Sandra Schmitz defended her PhD Thesis on “The Struggle in Online Copyright Enforcement – Problems and Prospects” on 7 July 2014. The jury was composed of Prof. Stefan Braum (Luxembourg), Prof, Lilian Edwards (U. of Strathclyde), Ass. Prof.  Mark Cole (Luxembourg), Prof. Lyrissa Barnett Lidsky (U. of. Florida), Prof. Wolfgang Schultz (Hamburg). 

- The Media Law Research Team was nearly completely present at the conference Information Influx (http://informationinflux.org ) celebrating the 25 th anniversary of the Institute for Information Law of the University of Amsterdam. Ph.D. researcher Jenny Metzdorf was shortlisted for the Young Scholars Award and presented her paper on “The implementation of the Audiovisual Media Services Directive by national regulatory authorities – National responses to regulatory challenges” on 2 July 2014.

- With effect from July 1 st 2014 Prof. Cole has been nominated Director for Academic Affairs of the Institute of European Media Law (EMR). See the press release of the University of Luxembourg and the press release of the EMR.

- On June 25 th students in Media Law from Universität des Saarlandes and the University of Luxembourg held the annual joint seminar (together with Prof. Ory and Prof. Herberger) which was hosted by Luxembourg’s Commission nationale pour la protection des données (CNPD) at their seat in Esch-sur Alzette.

- From 25 May to 4 June PhD candidate, Bernd Justin Jütte was a Visting Lecturer at the Vytautas Magnus University Kaunas, where he taught a course on Internet law.

- From February to June, Prof. Mark D. Cole gave a keynote presentation at the Conference on Freedom of Expression hosted by the University of Helsinki, and was panel member at the Future Internet Summit in Luxembourg. In February/March 2014 he was Visiting Professor at the University of Florida (Levin College of Law) where he taught a course on “Global Cyberlaw”.

- On 28 March PhD candidate Bernd Justin Jütte presented a paper on Mashups under EU Law at the CRASSH Conference Creativity, Circulation and Copyright: Sonic and Visual Media in the Digital Age at the University of Cambridge.



Last updated on: 02 Apr 2015

Mark Cole is Professor of Media and Telecommunication Law
(Professeur en Droit des Médias et Télécommunication).

Curriculum Vitae (July 2014)

Activities and Membership

Director of Studies for the Master in European Law programme (track “General European Law” in the second year including “SatComMedia Law” option; also responsible for first year programme of all Masters in European Law; also responsible for first year programme of all Masters in European Law) since September 2010.

  • Previously member of the interim steering board for the Interdisciplinary Centre Security, Reliability and Trust (SnT) in 2009 and since formal founding of the Centre Faculty Member of SnT.
  • Member of the Faculty Council since 2012.
  • Faculty coordinator for the e-learning platform “Moodle”.
  • Faculty Representative on SIU  (IT Service; Service Informatique de l’Université) Steering Committee (Uni.lu) from 2007 to 2011.

Other

  • Director for Academic Affairs and Chair of the Scientific Advisory Committee of the Institute for European Media Law (EMR, Institut für Europäisches Medienrecht, Saarbrücken, Germany).
  • Co-Director of the Institute for Legal Informatics at the Universität des Saarlandes.
  • Lecturer in the LL.M.-programme ”Media Law“ at Johannes Gutenberg University Mainz / Mainz Media Institute (Course “European Media Law”).
  • Lecturer in the LL.M.-programme ”European and International Law“ at the Europainstitut Saarbrücken. (Course “European Media Competititon Law”).
  • Member of First Amendment Discussion Forum.
  • Member of the Studienkreis für Presserecht und Pressefreiheit e.V.
  • External Member of the Journal editorial board of Revue du Droit des Technologies de l'Information (R.D.T.I.), Larcier (Belgium). Further information on the Journal at http://www.rdti.be and here.



Last updated on: 10 Feb 2015

Area of Research "Media Law"

Within the Laboratoire de Droit Economique (LDE) Prof. Mark Cole's research covers all fields of Media Law with a special emphasis on the Law of the New Information Technologies as well as European Media Law. Fundamental constitutional aspects such as the extent of free speech protection as well as the analysis of the EU framework for the media and its transposition into national law are examined from a comparative perspective. Specific topics that have been subject of extensive research in the previous years have been the protection of minors in media law, the granting of the right to access in the new media landscape and generally the adaptation of traditional broadcasting law to meet the challenges of digitization. Many of these topics are still in the focus of research and will continue to be in the future. Recent additions are the analysis of the legal framework for websites and especially the question of liability for information published on the web and the transposition of the AVMS-Directive of the EU. An overview of research on this project as well as an information source on national, European and international legal texts in the field of media law can be found at www.medialaw.lu. Research activitiy is also conducted within the Interdisciplinary Centre for Security, Reliability and Trust, e.g. in the field of data protection law. The team members also conduct individual research besides their PhD studies which is described on the team page.

In addition to the research in the field of media law further fields of research are constitutional and European law. Both areas are dealt with in collaboration with colleagues here at the University of Luxembourg.

If you are interested in enrolling for a PhD at the University of Luxembourg you can find more information under Studies. Should you be interested in research in the field of media law please send an application with information about you, your research interest and a rough description of the subject you would like to deal with in this field (broadly understood) to Prof. Mark Cole’s email-address.



Last updated on: 23 Oct 2015

Prof. Cole teaches several different courses in the Bachelor and Master Programmes in Law at the University of Luxembourg. Details on these can be found for current students in our E-Learning Platform Moodle and for prospective students under “Teaching”. Currently or recently teaching is/was:

 in the Bachelor programme

  • European Law I
  • Einführung in das deutsche Recht
  • Droit des Biens (Droit Civil VII) – part: Intellectual Property Law
  • English Legal Terminology I and II

 in the Master in European Law programme

  •  European Media Law
  •  European Competition Law
  • Recent Case Law of the Court of Justice of the European Union
  •  Introduction to German Law
  • Involvement in the organization and coaching of uni.lu-Moot Court teams
  • Supervising Master theses on topics of Media Law, European, International and Comparative Law every summer semester

Previous teaching includes amongst others:

  • Courses in German Constitutional Law, European Convention on Human Rights Law, Public International Law, European Law in cases, Free Speech law in the U.S., German Media Law, Legal Methodology and Writing

In addition to the courses at the University of Luxembourg he teaches European Media Law in an LL.M.-programme in Mainz as well as European Media Competition Law in an LL.M.-programme in Saarbrücken.



Last updated on: 26 Jun 2014

A full and automatically updated list of publications of Prof. Mark D. Cole can be accessed via the uni.lu’s publication database (with further details on each publication) by clicking on the following link.

Publications Server - publications.uni.lu

In addition an easily accessible overview of publications can be found here in pdf-format: Mark D. Cole - Publications

Key monographs:

 

Forthcoming:

 

 

 

In preparation for publication is an extensive Comparative Commentary on the national transpositions of all the 28 EU Member States with regards to the Audiovisual Media Services Directive. The commentary compares national transpositions and examines national differences and similarities. More information on the research project are available on www.medialaw.lu.

 

 

 

 

 

 

 

 

 

 

 

The “Handbuch Medienrecht” (in German) covers the regulation of the electronicmass media in a compact manner but with an academic approach allowing detailed research. Only two years after the first edition a completely updated and significantly extended second edition was just published at the beginning of 2011. From the Luxembourg side Associate Professor Dr. Mark D. Cole is one of the editors and at the same time author of the chapters “Introduction”, “Legal texts concerning electronic Media”, “Media Criminal Law” and “Protection of Minors Law and the Media”.

You can find more information and an online ordering possibility on the publisher’s webpage here.

 

 

 

 

 

 

 

 

 

Since 2008 Mark Cole is one of the authors of the leading commentary on the Interstate Broadcasting Treaty as well as the Treaty on the Protection of Minors in the Media in Germany which in major parts is a transposition of the former EU Television Without Frontiers Directive, now Audiovisual Media Services Directive (Rundfunkstaatsvertrag - Kommentar). About 3-5 times a year supplements of 150-200 pages are prepared for the 3-volume, approx. 4500 p. loose-leaf commentary.

More information can be found on the publisher’s page, where an overview of the most recent supplements as well as a description of their contents are provided under "Weitere Informationen zum Produkt".

 

 

 

 

 

 

 

 

 

In 2008 the first course book on European and International Media Law (in German) was published, which Mark Cole is co-editor of and author of the first half on European Media Law. Basics on general European Law, the role of primary law for the media and the sector specific media legislation (i.e. the relevant directives and other secondary law) are presented before a sub-chapter deals with European Media Competition Law.

More Details can be found here.

 

 

 

Recent and key publications:

As a country expert for Luxembourg, Mark D. Cole contributes to the IRIS Newsletter and IRIS Merlin database of the European Audiovisual Observatory with short reports on developments in the legislation concerning the Media sector. More information including a search function for all (freely accessible) articles can be found here. The articles about Luxembourg are also linked here.

 

 

 

In July, Associate Prof. Cole and Assistant Prof. Boehm of the University of Münster, Germany published an extensive study on the consequences of the recent judgment of the Court of Justice holding the Data Retention Directive void. The study was commissioned by the Group of the Greens/EFA in the European Parliament on initiative of Jan Philipp Albrecht who is the Parliament’s rapporteur on the General Data Protection Regulation that is currently under debate.

The study presents the background to the Data Retention Directive and examines the CJEU’s judgement in depth. It also deals with the impact of the ruling on existing national laws and looks at existing or planned instruments at EU level that concern the retention of data (e.g. PNR agreement) in light of the CJEU's decision.

The study is available at the website of the Greens and can be downloaded from www.medialaw.lu under this link.

Associate Prof. Mark D. Cole also gave an extensive radio interview to the Luxembourg radio station 100,7 about the findings of the study. The interview is available here.

 

 

 

 

 

 

 

 

Recently Associate Prof. Mark D. Cole has been the editor of an issue of the Critical Quarterly for Legislation and Law (CritQ) on recent Developments in European Data Protection Law.

Besides the introduction he contributed an article co-authored with Prof. Dr. Franziska Boehm on “EU Data Retention – Finally Abolished?”

Further contributions include “A New Approach to EU Data Protection “ by SnT research associate Dr. Andra Giurgiu together with the President of the CNPD, Gérard Lommel.

 

 

 

 

 

 

 

 

Associate Prof. Mark D. Cole has contributed to the conference proceedings of the workshop on International Regulations of Space Communications: Current Issues.
 Review of the EU Telecommunications Framework and its Impact on the Frequency Management, in: Hofmann, M. (Hrsg.), International Regulations of Space Communications: Current Issues, Larcier 2013, S. 137-160

You can find more information and an online ordering possibility on the publisher’s webpage here.

 

 

 

 

 

 

 

 

Associate Prof. Mark D. Cole and his research assistant Jenny Metzdorf contributed to the European Audiovisual Observatory's publication for its 20th anniversary entitled "Converged Markets - Converged Power? Regulation and Case Law". The article outlines the Luxembourg legal framework for audiovisual media services in view of specific competition law aspects like anti-concentration rules or must-offer obligations. The publication is also available in French and German. More information and a possibility to order online are available on the publisher's website.

 

 

 

 

 

 

 

 

 

The Festschrift zum 60-jährigen Bestehen des Europainstituts "Europäische Integration und Globalisierung" edited by Meng, Ress and Stein will be published in October 2011. Associate Prof. Mark D. Cole has written the article "The Country of Origin Principle – From State Sovereignty under Public International Law to Inclusion in the Audiovisual Media Services Directive of the European Union". In general, the Festschrift offers a great variety of topical and fundamental issues taking into account the most recent developments in Libya or the economic crisis.
More information on the series can be found here.

 

 

 

 

 

 

 

 

 

Associate Prof. Mark D. Cole published a commentary on the case "Roj TV" handed down by the Court of Justice of the European Union in the Revue du Droit des Technologies de l'Information in 2012.

 

 

 

 

 

 

 

 

Associate Prof. Mark D. Cole has contributed the article entitled "Die Rundfunkfinanzierung auf dem Prüfstand des Europarechts" to the book "Die Macht der Medien, Medienrechtliches Kolloqium zum 75. Geburtstag von Hartmud Schiedermair", edited by Dörr. It is the 49th volume of the series "Studien zum europäischen Medienrecht".

You can find more information and an online ordering possibility on the publisher’s webpage here.

 

 

 

 

 

 

 

 

 

 

 

 

In 2010, a contribution to the “Festschrift” for the 20 th  anniversary of the Institute for European Media Law in Saarbrücken was published and dealt with 20 years of Filmfunding and its legal implications here in Luxembourg. More information on the book can be found here and on the publisher’s page with an online-ordering possibility here.

 

 

 

 

 

 

Mark D. Cole’s doctoral thesis deals with Public International Law and implications for United States law and policy concerning the indigenous peoples:

Das Selbstbestimmungsrecht indigener Völker
 Eine völkerrechtliche Bestandsaufnahme am Beispiel
 der Native Americans in den USA (645 + XXX p.)

It was published in 2009 so as to integrate the importance of the final passing of the United Nations Declaration on the Rights of Indigenous Peoples by the General Assembly. The print version of the thesis contains an extensive English summary.

More information can be found in this flyer or on the publisher’s webpage where a print and E-Book-version of the thesis can be ordered online here; a look inside the book is possible from that page via libreka, too, including the complete table of contents and the index as well as a significant part of the introduction.

 

 



Last updated on: 04 Nov 2015

The Media Law Research Team supervised by Associate Prof. Mark Cole is composed of research associates and Ph.D. candidates at the Faculty of Law, Economics and Finance (FDEF) as well as the Interdisciplinary Centre for Security and Trust (SnT)

Team Members at the FDEF:

Ruxandra Stanescu, LL.M.

Jenny Metzdorf, LL.M.

Jenny Metzdorf, holds a B.A in European Studies from the University of Maastricht and an  LL.M. from the University of Luxembourg. She was previously involved in the research project examining the national transpositions of the Audiovisual Media Services Directive (more information under www.medialaw.lu). She is now working on a Ph.D. thesis about the implementation of the same Directive by national regulatory authorities.

She recently presented a paper at the annual BILETA conference in April and will participate in this year’s Herbstakademie in September. She has been selected to present her paper entitled “The Implementation of the Audiovisual Media Services Directive by national regulatory authorities- National responses to regulatory challenges” at the Information Influx conference organized by the Institute for Information Law, Amsterdam. 

For a list of her publications see here.

Bernd Justin Jütte, LL.B., LL.M

Bernd Justin Jütte holds an LL.B. from the Ernst-Moritz-Arndt University Greifswald and completed his LL.M. in European Law at the University of Luxembourg with a Thesis on the Protection of Intellectual Property under Investment Treaties. Since 2012 he pursues his research for a PhD as an AFR scholarship student writing on European Copyright Management.

He teaches various courses on European Union Law and Intellectual Property Law, both in the Bachelors and Masters and is involved in teaching and organizing the faculty’s moot court program. Already since 2007 he is assisting the Chair of the Subject Committee on Law of the European University Foundation, first Prof. Dr. Stefan Braum and since 2012 Prof. Dr. Matthew Happold.

He recently presented papers at the 2013 UACES Conference and the 2014 CRASSH Conference Creativity, Circulation and Copyright: Sonic and Visual Media in the Digital Age at the University of Cambridge.

In May/June 2014 he was a visiting lecturer at the Vytautas Magnus University Kaunas teaching a course on Internet Law.

 

 

Team Members at the SnT

Andra Giurgiu, Dr.

Andra Giurgiu obtained her PhD from the Lucian Blaga University of Sibiu, Romania, with a dissertation on EU data protection law. During her PhD she spent one year as a visiting researcher at the Institute for Information, Telecommunication and Media Law in Muenster, Germany under the supervision of Prof. Thomas Hoeren. In 2013, she joined the Supervision and Enforcement team of the European Data Protection Supervisor in Brussels as a trainee. Previously she has worked as a lawyer and legal translator in Romania. Andra joined the SnT in January 2014 as a postdoctoral research associate in the team of Ass. Prof. Mark Cole.

Andra holds a shared position between the SnT and the Luxembourgish National Data Protection Commission (CNPD - Commission Nationale pour la Protection des Données). Her work focuses on the current data protection legislation and its challenges but also on possible solutions proposed by the upcoming data protection reform. Topics of her current projects include cloud computing and data protection by design.

Alicja Gniewek, LL.M.

After completing her master’s degree in European Law (specialization: European Litigation) at the University of Luxembourg, Alicja Gniewek joined the Team as a PhD candidate. She is preparing her dissertation at the Interdisciplinary Centre for Security, Reliability and Trust (SnT).

Alicja’s dissertation focuses on the protection of personal data in Cloud Computing in the context of the European Union. The thesis includes a case study of the financial Cloud in Luxembourg. The PhD Project is supported by the National Research Fund of Luxembourg (FNR) and the Banque et Caisse d’Epargne de l’Etat, Luxembourg (Public-Private Partnership).

Recently, Alicja participated in the International Conference on Law and Political Science in New Delhi, India. She is currently preparing the follow-up paper on the selected aspects of privacy in Cloud for the Polish Law Series “Zarys Prawa Własności Intelektualnej”.

Her research interests include Internet law, data protection, privacy policies and IP.

 

Former team members

Lawrence Siry, J.D., PhD

Lawrence Siry holds a Juris Doctor from New York Law School. After years of practicing in the courts of New York State, primarily in the field of criminal law, he joined the Media Law team in 2009. He has lectured in various aspects of media law, criminal law, torts law and contract law.

In September 2013, Lawrence was awarded the degree of Doctor of law (PhD) from the University of Luxembourg for his thesis, "'Knowing it When It Is Seen', The Polemic of the Regulation of Sexualized Speech in the United States and Europe". The thesis received a mark of “Excellent” and is awaiting publication. Additionally, it was nominated for the national “best thesis”  award by the Faculty of Law, Economics and Finance to the Amis de l’Université du Luxembourg.

Until September 2014, he was a post doctoral researcher at the Interdisciplinary Centre for Security, Reliability and Trust (SnT) where he was researching Privacy law in the United States and Europe.

He currently is a research assistant at the Faculty of Law, Economics and Finance of the University of Luxembourg.

Sandra Schmitz, Ass. iur., Dr.

Sandra Schmitz was a member of the Media Law research team from February 2009 to January 2014. Before she joined the SnT as a Ph.D. student in 2010, she supported Prof. Cole as a research associate in analysing the potential  liability of website operators for user-generated content within the interdisciplinary research project MENSSANA.
Sandra Schmitz's research interests include Media, IP and IT Law; she has published various articles in these subject areas and has been a frequent speaker at conferences including the annual conference of BILETA in the UK or the DSRI Herbstakademie in Germany. 

She defended her Ph.D. thesis "The Struggle in Online Copyright Enforcement - Problems and Prospects" in July 2014. The jury for her Ph.D. defence consisted of Prof. Stefan Braum, FDEF, University of Luxembourg, Prof. Mark Cole, FDEF, University of Luxembourg, Prof. Lyrissa Barnett Lidsky, Levin College of Law, University of Florida, Prof. Lilian Edwards, HaSS, University of Strathclyde, and Prof. Wolfgang Schulz, Hans-Bredow-Institut, University of Hamburg.

For a list of her presentations see here.

Franziska Boehm, Prof. Dr. 

After completing her Ph.D. on Data Protection issues under the supervision of Prof. Herwig Hofmann at the University of Luxembourg Franziska Boehm was a Postdoctoral researcher in the team of Assoc. Prof. Cole at the SnT in cooperation with the CNPD. In October 2012 she was nominated as Assistant Professor for IT Law  at the Institut für Informations- Telekommunikations- und Medienrecht (ITM) of the University of Münster (Germany).



Last updated on: 10 Feb 2015