What I noticed is that the privacy setting which should prevent OpenAI to use my data for training purposes, was already deleted twice and I had to set it again. No idea what that means and if the data that I entered before I noticed that setting was gone is now being owned by OpenAI. Anyway, it is obvious that privacy is no priority to them. Also, it's known that YC companies are informally being told they should not worry about privacy while scaling up. Open AI is not a YC company, but its culture is definitely derived from it.
In the sense that consent requires active opt-in. The passive “opt-in” by failing to set the cookie doesn’t count as consent.
So if they’re claiming they have the right to process data on the legal basis of consent, and they claim the absence of that cookie constitutes that consent, then they have no legal basis, and are thus in violation of the law.