If you have given contractual consent, we may use your data to train DocuSign's in-house, proprietary AI models. Your data will be anonymized and de-identified before model training."
This seems to be opt-in? Am I missing something?
I'd suspect it can mean some some clause buried in contract document.
Also, it's some party's interpretation of that clause, not what some other party understood it to mean.
However, in this particular case, maybe most relevant is that I'd assume Docusign is facing a lot of corporate lawyers among its customers. So I'd guess the company can't get away with behaving like a stereotypical sketchy startup, towards its customers, and I'm sure Docusign has legal advisors who would tell them that if they ever needed to be told.
In their privacy policy (https://www.docusign.com/privacy) they say their lawful basis is "Consent (where required under applicable law)" which certainly sounds like if applicable law doesn't require it they would be use it without consent.
That just means you clicked "I agree" at the end of 10 pages of legalese.
GDPR also has the concept of a "contractual necessity". A legal basis where data must be processed for the performance of a contrast. So say, you buy a t-shirt from an American online store and they need to process your shipping address. That's contractual necessity.
They seem to be mixing the two into "contractual consent", as if you are able to consent in a contract. Under GDPR, you can't!
In no other contexts can there be a more legible interpretation.