The subject of the paper is the public law aspects of the processing and protection of personal data in the context of contracts for the supply of digital content and services. The study discusses EU and national consumer protection rules on the protection of personal data in contracts for the supply of digital content or services. The key issue that is analyzed is the basis for the permissibility of data processing in the context of the provision of digital content or services. This includes the question of whether the appropriate basis in this respect should be the performance of a contract or the consent of the data subject to the processing of his or her data.