The unpredictable nature of cybersecurity incidents and the increasingly challenging cybersecurity landscape requires proactive measures to mitigate the risks to a business’s networks, systems and data, not only when a cyber incident occurs, but throughout the business’s lifecycle.
The Cybercrimes Act, 2020 (Cybercrimes Act) marks a significant step in mitigating this risk.
Werksmans understands that cybersecurity emergencies must be addressed with a multidisciplinary approach. Our cybersecurity team, comprised of cyber, data protection, dispute resolution, and forensic specialists, is uniquely equipped to provide a comprehensive strategy, instilling confidence in our clients.
Our experts have developed policies, plans, and procedures to lay the foundations for a better security posture by ensuring compliance with the legislative framework. This includes evaluating existing systems and operations insofar as data, access, and identity management offences are committed under the Cybercrimes Act, Protection of Personal Information Act, 2013 (POPIA) and the Prevention and Combatting of Corrupt Activities Act, 2004 (PRECCA).

Our team of cyberlaw experts aim to ensure that clients’ systems and operations facilitate the prevention of cybercrimes and effectively manage and contain cyber incidents.
A cybersecurity legal solution, crucial in the digital age, involves creating and enforcing regulations and standards that guide how organisations manage cybersecurity risks, respond to breaches, and protect sensitive data. Such a solution typically consists of establishing and implementing legal frameworks, policies, and procedures to address and manage cybersecurity risks and incidents.
A legal framework is not just a guideline, it’s a shield that helps ensure a consistent and effective approach to cybersecurity across various sectors and jurisdictions, making our clients feel secure and protected.
In the digital world, companies must address cybersecurity risks through a combination of proactive measures, which anticipate and prevent threats, and reactive measures, which respond to and mitigate the impact of threats. This comprehensive approach is crucial to protect their assets, data, and reputation, providing a sense of reassurance to our clients about their cybersecurity.
Companies are expected to take a comprehensive approach to cybersecurity, which includes implementing solid policies and technical controls, ensuring compliance with regulations, providing employee training, and preparing for incidents and disruptions. This holistic approach is not just a key factor, but a crucial one in mitigating risks, protecting sensitive information, and maintaining operational integrity in an increasingly digital world. It’s about being informed and prepared.
The Werksmans solution is focused on empowering our clients. Empowerment starts with a cyber-resilientposture. An organisation’s ability to effectively anticipate, withstand, respond to, and recover from cyber threats and attacks requires a cyber-resilient posture. It encompasses a comprehensive strategy that integrates proactive and reactive measures to ensure the continuity and integrity of business operations in the face of cybersecurity challenges. In achieving a cyber-resilient posture, the Werksmans team focused on several key components:

PROACTIVE MEASURES
Proactive Risk Management:
- Risk Assessment: Regularly identify and assess potential cybersecurity risks and vulnerabilities.
- Threat Intelligence: being informed about emerging threats and vulnerabilities, enables companies to stay ahead of potential attacks and be proactive in their cybersecurity measures.
- Develop: Development, review and implementation of cyber incident response, information security, data protection and cybersecurity plans, policies, procedures and protocols.
- Ongoing Evaluation: Regularly conduct compliance assessments and audits, review and update cybersecurity policies, procedures, and controls to adapt to new threats and changes in the digital landscape.
Strong Preventive Measures:
- System Design: Incorporate cybersecurity considerations into the design and architecture of systems and applications to enhance their resilience to attacks.
- Security Controls: Implement robust security controls such as firewalls, intrusion detection systems, and encryption to protect against unauthorised access and attacks.
- Access Management: Use robust authentication methods and manage access controls to ensure only authorised users can access sensitive data and systems.
- Contractual Protection: Mitigation of risk through contract drafting and review of cybersecurity provisions with third-party suppliers (and operators in terms of POPIA) as well as intragroup arrangements.
Business Continuity and Recovery:
- Business Continuity Planning: Develop and test business continuity plans to ensure critical operations can continue during and after a cybersecurity event.
Employee Training and Awareness:
- Training Programs: Provide ongoing cybersecurity training for employees to raise awareness about potential threats and best practices for maintaining security.
- Phishing Simulations: Conduct phishing simulations and other exercises to test and improve employees’ ability to recognise and respond to social engineering attacks.
Collaboration and Communication:
- Internal Coordination: Ensure effective communication and collaboration between different departments, such as IT, security, and management, to address cybersecurity challenges.
- External Partnerships and Relationships: Engage with external partners, such as legal, technological service providers, forensic analysts, insurance companies, cybersecurity experts and other experts, to share information and collaborate on threat intelligence and best practices in order to proactively assess, manage and mitigate cybersecurity threats and vulnerabilities.
- Notification: Initiation and managing of all communications and required notifications to relevant regulatory authorities and data subjects.
RE-ACTIVE MEASURES
Effective Incident Response:
- Incident Response Plan: Develop and maintain a detailed incident response plan outlining procedures for detecting, responding to, and mitigating cyber incidents in order to improve an organisation’s cybersecurity posture.
- Rapid Response Capabilities: Ensure the ability to quickly identify and address incidents to minimise their impact and prevent further damage together with the proposal of remedial actions.
- Support: In relation to a cyber incident, advisory support in negotiations with the threat actors, navigating potential sanctions, anti-money laundering and counter-terrorist financing regulatory risk – all of which are in collaboration with recommended technological service providers.
- Representation: Legal advice and representation in all cyber and corruption related litigation.
- Investigations: Cybercrime and related crime investigation services and forensics.
In summary, a cyber-resilient posture is characterised by an organisation’s ability to effectively anticipate and prepare for cyber threats, swiftly respond to incidents, and recover quickly while maintaining continuous operations.

It involves a combination of proactive measures, preventive solid controls, and adaptive responses to ensure long-term security and stability in a dynamic digital environment.By investing in cybersecurity now, you safeguard your business’s future.