Since it's Valentine's day et al, I was reading up on the forthcoming EU data protection legislation. Peter's write up is spot on.
Like any legislation changes it'll be interesting to see how this plays out (and who it affects). However my reading is it'll be good for industry players who strive to help build positive relationships rather than abuse them
Although the consent itself need not be explicit, the purposes for which the consent is gained does need to be “collected for specified, explicit and legitimate purposes” In other words it needs to be obvious to the data subject what their data is going to be used for at the point of data collection. Consent should be demonstrable – in other words organisations need to be able to show clearly how consent was gained and when.