Can the market surveillance authority check my webshop without anyone complaining?

Yes, supervision can start without a complaint

A market surveillance authority can inspect a web shop without a complaint being filed beforehand. Supervision of EAA obligations is structured as market surveillance in most Member States: the authority may examine websites and apps on a sampling basis or according to its own priorities, just as it does with other product safety and market rules. A complaint from a visitor or competitor is therefore a possible trigger, but not the only one.

In the Netherlands, the ACM has itself indicated that it is preparing for this supervisory task and is calling on businesses to get their house in order in time, which suggests an active, not solely complaint-driven approach. Who is responsible and how the inspection proceeds in practice varies by country: which supervisory authority is responsible in the Netherlands is described on the page about the supervisory authority in the Netherlands, and what to do at a first contact is set out on the page about receiving a letter from the supervisory authority. That a complaint is not necessary does not mean complaints play no role — a notification from a competitor can also trigger an inspection, as explained on the page about a complaint from a competitor.

Where this stems from: the supervisory provisions of the Directive

Directive (EU) 2019/882 requires Member States to provide for effective market surveillance and enforcement, leaving the specific arrangements to the Member States. The ACM confirms in its publication on supervision of the accessibility of websites and apps that it will perform this role in the Netherlands and that businesses must prepare accordingly — an announcement consistent with market surveillance on its own initiative, not with a system that responds solely to complaints. For micro-enterprises providing services, they are exempt from the requirements if they have fewer than ten employees and do not exceed two million euros in annual turnover, which can be verified on the page about the exemption for micro-enterprises.