It is, and few care. "Silence, pre-ticked boxes or inactivity should not therefore constitute consent." [0] Problem is that the authorities are too underfunded and understaffed to actually handle this, and the wording in the regulation is vague enough that big company lawyers have hemmed them in. I've seen it happen.
[0] https://www.gdpreu.org/the-regulation/key-concepts/consent/