On 5 November 2025, a highly engaging Continuous Professional Development (CPD) session on ‘The Role of Digital Evidence in Legal Proceedings - From Discovery to Court: How Digital Evidence is Gathered, Preserved, and Used’ was held, proudly sponsored by Camargue.
The session, led by Prof. Danny Myburgh, a leader in the fields of digital forensics and cybersecurity, provided crucial insights into the intersection of law and technology. As a recognised authority in South Africa on cybercrime and digital forensics, Prof. Myburgh’s presentation was an invaluable resource for legal professionals, cybersecurity experts, and anyone interested in understanding how digital evidence plays a vital role in legal matters.
Key insights
During the session, Prof. Myburgh stressed the importance of adhering to correct digital forensic processes when investigating cyber-related crimes. He highlighted that failing to follow these processes can result in a significant waste of resources, only to lose a case in court. According to Myburgh, “Following the correct digital forensic processes during any cyber-related crime is critical to ensure the investigation is done properly, comprehensively, and that the evidence gathered is acceptable in legal proceedings. Without following these processes, a lot of money and effort can be spent only to lose the case during a legal hearing.”
Myburgh also discussed the importance of digital forensics in the insurance industry, particularly regarding fraud detection and claims management. He explained that one of the primary objectives of a digital forensic investigation is to uncover how or what allowed a cybercrime to occur. In many cases, this is due to negligence or a security vulnerability within the organisation. “In these situations, a forensic investigation could form the basis of a damages claim against a third-party service provider or lead to repudiation of the claim because the policy conditions were not met. Because of the accuracy, independence, and completeness of the findings following a digital forensic investigation, the insurance industry can rely on this report to base decisions of claim management on or, if necessary, institute legal proceedings.”
Digital evidence challenges and solutions
Sharing real-world examples, Myburgh pointed out that organisations often rely on internal or external IT staff to ensure their IT environments are secure. However, when cyber incidents occur, the first point of contact is usually the IT service provider. “In many instances, IT staff or service providers claim that firewalls and other security measures were up-to-date, but our investigations have revealed otherwise,” he shared. “In two specific cases, we found that the firewalls were only updated after the incident was detected, suggesting an attempt to hide negligence. Our forensic report served as the basis for a liability claim against those responsible.”
Myburgh also addressed the challenges insurers face when handling digital evidence, particularly regarding the complexities and volatility of such evidence. “Digital evidence must be properly collected and analysed; otherwise, the wrong conclusions can be reached, and all the evidence could be inadmissible in a judicial process,” he cautioned. He emphasised that “any cyber incident is actually a crime scene, and the server, as the virtual crime scene, must be properly managed and handled.”
In response to the increasing frequency and sophistication of cyber incidents, Myburgh recommended that insurance professionals implement a comprehensive cybersecurity strategy. He stressed that organisations should prepare for the inevitability of a cyber event, rather than hoping it never happens. “A comprehensive strategy is essential,” he said. “Organisations must be ready to manage and respond effectively when a cyber incident occurs, instead of being forced to make critical decisions in a crisis situation.”
The future of digital forensics
Looking to the future, Myburgh foresaw the role of digital evidence evolving in the insurance sector, particularly with the rise of AI, IoT, and other smart technologies. He noted the increasing amount of data within organisations and how the expansion of these technologies has created a larger attack surface for cybercriminals. “AI is enabling cybercriminals to expedite attacks, targeting more victims simultaneously and causing significantly more damage in a shorter period,” Myburgh explained. “However, on the flip side, AI is also assisting security experts and digital forensics practitioners by automating many aspects of investigations, thus improving the security posture.”
With the sensitive nature of data in the insurance sector, Myburgh discussed the need to balance the requirement for digital evidence with privacy concerns and data protection regulations. “Digital forensic investigations are only carried out with the consent of the system owner or under the auspices of a search warrant,” he clarified. “Data collection and analysis are mandated by the data owner, and privacy and data protection regulations are strictly followed through appointment contracts between the system owner and the digital forensic expert. Additionally, digital forensic experts are often governed by confidentiality clauses and legal privilege, especially when appointed through law firms.”
For insurance professionals who may not be familiar with the intricacies of digital evidence, Myburgh emphasised the importance of involving trained and qualified experts in this field. “It is advisable for any non-digital forensic expert to incorporate the services of a trained professional to ensure adherence to local and international regulations, best practices, and to ensure that digital forensic reports are legally acceptable.”
This CPD session proved to be an essential learning experience for all involved, offering practical guidance on how digital evidence is used and managed in the context of legal proceedings, especially in the insurance sector. Prof. Myburgh’s expertise illuminated the critical role of digital forensics in ensuring proper handling of evidence, helping professionals across industries navigate the complexities of modern cyber threats.
A final word
GWII would like to thank Prof Myburgh for his time and Camargue for the sponsorship.
Watch the session here
View the presentation here Prof_DannyMyburgh_Presentation