The posting agreement should set a fixed duration for the posting, usually discussed in advance between the employer and the host. In the usual history, the posting contract automatically expires on the indicated end date. Since the entry into force of the General Data Protection Regulation (GDPR) on 25 May 2018, more thought needs to be given to how the personal data of the seconded party is exchanged between the employer and the host in order to facilitate the posting. It is likely that the employer and host will be responsible for the data for GDPR purposes. It will also be important to inform the Member of the conditions under which he will be working during the secondment. Of course, this is first of all a practical point – the Second must be aware of what is expected of him during the sending and how the arrangement works. In addition, it may be argued that the provision of a second to a host means that the employer is engaged in an `employment activity` within the meaning of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. In this context, a separate agreement between the employer and the posted worker will help the employer to ensure that he has fulfilled his obligations under those rules, to obtain the agreement of the posted worker and to give him the necessary level of information. The easiest way to do this is to write the seconded party a letter of secondment setting out all the essential conditions agreed between the employer and the host and ask them to sign and send them back to declare their agreement.
The employer should also retain responsibility for managing the performance of the posted undertaking during the posting, including the handling of capacity and behavioural problems. . . .