Which exemption to the e-Privacy Directive 2002/58/EC allows the data controller to send electronic marketing information?

The option regarding existing customers is considered correct because the e-Privacy Directive allows for certain exemptions when sending electronic marketing communications to existing customers. This is based on the legitimate interest of maintaining a relationship and providing information about similar products or services that the customer may find beneficial. This exemption operates on the premise that if an individual has previously shown interest in a product or service and engaged in a transaction, they may reasonably expect to receive similar marketing communications.

The rationale behind this exemption is to facilitate business continuity and customer engagement, while still requiring that the marketing remains relevant to the recipient's prior interactions with the company. It's important that companies maintain an opt-out option for consumers, reinforcing the consumer's control over the communications they receive.

Other options do not provide sufficient justification under the e-Privacy Directive for sending electronic marketing communications. For instance, being a non-profit organization does not inherently grant permission to market electronically without consent, nor does sharing an industry or using addresses from public registers establish a legitimate basis under the Directive for unsolicited marketing communications.